Who has the right to bring a trespass action against a neighbor?

In a trespass action, the right to bring the lawsuit typically belongs to those who possess the land or have a legally recognized interest in it. A tenant, as the individual exercising control and possession of the rented property, generally has the right to bring a trespass action against a neighbor who unlawfully enters the property.

The idea is that the tenant's right to possess and enjoy the property gives them standing to address any unauthorized intrusion. This standing is derived from their occupancy and use of the property. A landlord, while they hold ultimate ownership of the land, usually does not have the authority to sue for trespass once they have transferred possession of the property to the tenant. Therefore, even though both the landlord and the tenant may have an interest in the property, the tenant, by virtue of their possession, is the primary party entitled to take action for trespass against a neighbor.

In contrast, while a landlord may pursue different types of legal actions related to the property, their rights are generally separate from those of the tenant regarding actions for unauthorized entry. Hence, a tenant is distinctly placed to address issues of trespass.