LEGAL PRINCIPLE: LAND LAW — Trespass — Claim for Trespass and Injunction — Title Automatically Put in Issue

In a claim for trespass and injunction, the plaintiff’s title is automatically put in issue, even if not expressly denied. The plaintiff must prove ownership or exclusive possession. The onus is on the plaintiff to establish a better right to possession than the defendant. The defendant need not plead lack of title; the nature of the claim itself raises the issue. The principle ensures that trespass claims are not granted without proof of the plaintiff’s proprietary interest. The plaintiff cannot rely solely on alleged acts of trespass; they must establish their own title. The standard of proof is the balance of probabilities. Failure to prove title defeats the claim, even if the defendant’s conduct was wrongful.