Chapter VI.: Wrongs to Property.

Trespass defined.44. Every one commits a wrong, and is said to commit a trespass and to be a trespasser, who, without the consent of the owner of such property as in this section mentioned or other lawful justification or excuse [and to the damage or annoyance of the owner],—

Protection of apparent right to possession.45. For the purposes of the last foregoing section every one who is in lawful possession of any property, or who peaceably and as of right is in actual occupation, or has the actual custody or control, of any property, is deemed to be the owner thereof as against every one not having a better title.

Trespass by possessor for limited purpose exceeding his right.46. A person who has lawful possession, custody or control of property under a contract with the owner of that property or otherwise may become a trespasser by dealing with the property in a manner inconsistent with the title by which he has that possession, custody or control, or in excess of his rights under that title.