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> Civil Procedure Rules Part 55
Civil Procedure Rules Part 55
This form of possession action is normally taken in the county court though exceptionally it can be taken in the High Court. It can be used by anyone with a sufficient interest in the land, including a licensee.
The three possible substantive defences are:
i) failure to prove title to the land;
ii) insufficient notice (normally two clear days is required in the case of trespassers in vehicles on land that does not include buildings);
iii) improper service of the proceedings (there are detailed rules as to the service of proceedings).
The three possible substantive defences are:
i) failure to prove title to the land;
ii) insufficient notice (normally two clear days is required in the case of trespassers in vehicles on land that does not include buildings);
iii) improper service of the proceedings (there are detailed rules as to the service of proceedings).
