ABSTRACT
Alternatively, the paper owner should bring legal action for possession within the period. In some jurisdictions, the Rules of the Supreme Court57 provide that, where a person claims possession of land which he alleges is occupied by a person or persons (other than a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his or his predecessor in title’s licence or consent, proceedings for the recovery of possession may be brought by originating summons. This ‘fast possession action’ is not appropriate, however, where there is any serious triable issue (for example, as to whether the occupant is a tenant or licensee, or has a valid defence), or where the tracing of the title is complicated.58
