Principle

LAND LAW — Rights of Occupancy — Defence Based on Prior Interest — Requires Counterclaim to Set Aside Subsisting Grant

Area of law
LAND LAW
Court
Supreme Court

A subsisting statutory grant of occupancy cannot be collaterally attacked in a trespass action. The proper procedure is a separate action to set aside the grant. The principle applies to land law. The rule prevents defendants from using unset-aside grants as a defence. The grant…

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