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C. Recovery of possession of land

The action for the recovery of possession of land is a legal remedy that allows a person who has been deprived of possession to regain it from an unauthorised occupier, provided the plaintiff can establish a superior legal right to immediate possession. 

 

While an ordinary action for trespass is brought by a person currently in possession to stop an interference, an action for recovery of land is used by a plaintiff who is out of possession and wishes to oust the defendant. 

 

Self-help measures like forcible re-entry (see below) are legally risky and generally discouraged because they can lead to criminal liability or claims of harassment. The action for recovery of land provides a lawful, court-sanctioned process for eviction. 

 

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