Lee, Wendy (Administratrix of the Estate of the Late Thomas Chambers, deceased) v Fletcher, Patrick

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 – Defence to trespass
Remedies – Damages for trespass to land
Adverse possession – Whether the ancillary claimant has proven that he 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, 1881, sections 3 and 4