The ‘tolerated trespass’ status consideredin the next section should probably also be treated as coming within this category.There is no doubt that such occupiers are in possession of the land, and that theirpossession is solely attributable to their statutory rights (or, in the case of Stirling v.Leadenhall Residential 2 Ltd [2001] EWCA Civ 1011 to the court order permittingthem to remain in possession, paying mesne profits as trespassers, pending executionof a possession warrant). In other words, the statutory or court-sanctioned statusentitles them to a right of possession.
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