Limitation of Actions-Land-Registered land-Trespass-Right to possession of land-Injury to possessory rights-What is deemed to be possession of land-Actual possession-Intention to possess land and the exercise of control over it to the exclusion of other persons-Nature and character of land-Unlawful and unjustifiable presence on land in the possession of another-Whether the claimant has proven that the defendant's actions amount to the tort of trespass-Burden of proof-Standard of proof-Balance of Probabilities
Defence-Damages to trespass
Remedies-Damages for trespass to land
Adverse possession-Whether the ancillary claimant has proven that the has been in open and undisturbed possession of the land for twelve continuous years-Whether the ancillary claimant has proven the legal elements of factual possession and the intention to possess-The Limitation of Actions Act, 1981, sections 3 and 4