Who may bring an action for trespass on land?

In a trespass action, individuals who can demonstrate actual or constructive possession of the land have standing to bring an action. Actual possession refers to physically occupying or using the land, while constructive possession implies a legal right or entitlement to the land without needing to be physically present.

This broader scope allows not only the owner of the property but also tenants or lessees, and even those temporarily in control of the land (like caretakers or those with permission from the owner) to enforce their rights against trespassers. Thus, the law recognizes the rights of possessors, regardless of whether they hold a complete ownership interest, allowing them to seek remedies against unauthorized intrusions onto the property.

In contrast, the other options would limit the ability to bring an action for trespass too narrowly. For instance, asserting that only the property owner or only a lessee can bring a claim would exclude rightful possessors who may have a valid claim based on their use or control of the land. This understanding of possession in the context of trespass is central to protecting the interests of those who have a legitimate stake in the land.