Facts: Windeyer (together with other persons) was the owner and occupier of properties next to some land called The Grove. The Grove was an asset in a deceased person's estate. Windeyer had no title to The Grove, but claimed to be in possession of it. Windeyer had treated this land as his own for nearly 50 years, pruning trees, employing someone to cut the grass, and paying the rates. Then Newington, who owned another property adjoining The Grove, rebuilt her fence to give herself access to The Grove. Windeyer brought an action in trespass against her.
Issue: Did Windeyer, as possessor rather than owner of The Grove, have the right to sue in trespass?
Decision: Windeyer was entitled to sue in trespass even though he did not own The Grove.
Reason: The trial judge found that Windeyer was in legal possession of The Grove, and was able to sue in trespass on the basis of his possessory title. The Court of Appeal upheld this finding.