Principle

LAND LAW β€” Trespass β€” Claim for Trespass and Injunction β€” Title Automatically Put in Issue

Area of law
LAND LAW
Court
Supreme Court

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…

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