75 Interest Protected by Trespass to Land Action John FLEMMING reminds you that the action of trespass vindicates only violations of actual possession, and is not concerned with protecting the interests of persons out of possession at the time of the intrusion. Thus, a purchaser cannot sue for a trespass occurring before the title passed: [TOWNSVIEW V. SUN CONSTRUCTION (1974) 56 D.L.R. 3d. 330] nor a landlord during the subsistence of a lease. [but he may recover for injury to his reversionary interest on proof of permanent injury to the land:] By the same token, the mere use of land without exclusive possession, is insufficient to support an action for trespass because the action of trespass affords no protection against infringement of a mere licence. It is important to reiterate here that Trespass to land is not concerned with the title or ownership of land, but with the legal possession of it. Because trespass is an interference with possession, either actual or constructive, a person who is out of possession when the trespass occurs cannot claim in trespass. Townsview Properties Ltd V. Sun Constr. & Equip Co. (1974) 56 D.L.R. (3d) 330 (Ont. C.A.). "Intention" and "Directness" in Trespass to Land Actions The basic elements of these torts [Intentional Torts], except the Tort of Malicious Prosecution , are intention and directness. Once these are two elements [ intention and directness ] are established a particular intentional tort
