Facts: Windeyer (respondent) was the owner and occupiers of properties next to land called The Grove, Woollahra, which was an asset in a deceased person’s estate. Windeyer had no title to it, 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. Newington, who owned another property next to The Grove, rebuilt her fence to give access to The Grove. Windeyer brought an action in trespass against her.
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