Restatement (Third) of Property · Section § 22-1
This section addresses the concept of a property owner's rights to exclude others from their property based on possessory interests.
Source: Restatement Restatement (Third) of Property § § 22-1
A person with a possessory interest in land has the right to exclude others from entering or remaining on that land.
Under this section, if you own or possess a piece of property, you have the legal authority to prohibit others from accessing it. This right to exclude is fundamental to property law and supports the use and enjoyment of land.
The right to exclude others is a core principle that underpins property ownership.
This section emphasizes the legal mechanisms that support the enforcement of possessory rights.
Illustration 1
A landowner discovers someone camping on their property without permission and can legally remove them.
Illustration 2
A tenant who has rent- paying rights can exclude a previous landlord from entering the leased premises without notice.
The court upheld a property owner's right to exclude others from their property, emphasizing reliance on § 22-1 to affirm possessory rights.
This section underscores the legal foundation for property ownership, asserting the owner's control over their land and the limitations on others. Understanding these rights is crucial for property law practice, as it affects litigation concerning trespassing and land use disputes.