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2. (a) That's right. An action for trespass to land is available to a person in possession of land, even if they do not own it. This includes a tenant. A tenant is even entitled to sue their landlord (the owner) if the landlord trespasses on the leased property.

Newington v Windeyer (1985) 3 NSWLR 555.

The onus rests on the alleged trespasser to prove that they did not voluntarily intrude onto the possessor's land, either intentionally or negligently. Mistake is not a defence.