PrincipleLAND LAW – Trespass and injunction – Claim puts title in issue
- Area of law
- LAND LAW
- Court
- Supreme Court
Trespass and injunction claims automatically raise title. The plaintiff must prove better title. The principle applies to all trespass actions. The defendant may challenge the plaintiff's title. The rule shifts the burden. The plaintiff cannot rely on mere possession. The principle is well-established.
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