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Trespass ab initio

Updated: 4/29/2024
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∙ 15y ago

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An entry which is lawful can become unlawful if the purposes of the entry is abused. This is known as trespass ad initio and the abuse will make the original entry unlawful. "... So if a purveyor takes my cattle by force of a commission, for the king's house, it is lawful; but if he sells them in the market, now the first taking is wrongful." From this case which is one of the most celebrated in Lord Coke's Reports three points are collected.55

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∙ 15y ago
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∙ 3d ago

Trespass ab initio is a legal doctrine that allows a party who initially entered a property with permission to be treated as a trespasser from the beginning if they engage in activities exceeding the scope of the original permission. This doctrine is used to hold individuals accountable for their actions if they misuse the privileges granted to them initially.

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