Principle

LAND LAW – Trespass – Proof of Trespass – Need for Evidence of Encroachment

Area of law
LAND LAW
Court
Supreme Court

While ownership gives the right to exclusive possession and makes any unauthorised entry trespass ab initio, the fact of trespass must still be proved by evidence. The plaintiff must adduce evidence showing that the defendant actually entered or remained on the land. Ownership alone does…

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