Trespass

What is trespassing?

Trespassing happens when someone:

• Enters a property without the owner’s permission, or
• Enters a property with permission, but then refuses to leave when the permission is withdrawn.

The most obvious example of this is when someone walks into a private property without the owner’s consent. However, many instances of trespassing are more subtle and can often be unintentional. The following scenarios give you an idea of its scope:

• Parking on someone’s land without consent.
• Using private land as a shortcut.
• Gatherings, raves or camping on private land without authority.
• Leaving personal belongings or litter on someone else’s property (fly-tipping).
• Staying in a car park past closing time.
• Squatting.
• Flying drones into someone’s airspace.
• Encroaching across a boundary line.

Since trespassing is so broad, it can lead to a lot of confusion and disputes between parties involved. Our property dispute lawyers provide clear and practical advice, whatever the circumstances. We focus on finding a fast and favourable resolution for you, with court action only as a last resort to stop costs escalating.

Is trespassing a crime?

Trespassing is a civil offence. This means that a property owner can sue the person who has trespassed on their land and seek remedies such as:

• Damages for the harm caused.
• Injunctions to stop the person from trespassing again.
• Possession orders to get the person removed.

The specific remedy will depend on the circumstances of the trespass. It is advisable to seek legal advice before taking any legal action.

The police do not have the power to assist with civil offences. However, in certain circumstances, trespassing can also be a crime—breaking and entering and squatting in a residential property are examples of criminal trespassing. In these cases, the police can be involved and may arrest or charge the trespasser. If convicted, the trespasser can be fined or given a minor prison sentence. If a trespasser occupies land continuously for a certain period, they may be able to claim legal ownership through adverse possession, which is a separate area of law we can assist with.

What legislation is used to deter trespassing?

Civil trespass is a type of nuisance, which is a type of tort law. Tort law is a civil wrong that causes harm or loss to someone else. In this case, the trespasser has caused harm by entering onto another person’s land without permission. Since nuisance is a private matter, there are no trespassing laws that cover this type of trespassing.

On the other hand, criminal trespass is covered by specific legislation. In England and Wales, much of the key legislation is included in The Criminal Justice and Public Order Act 1994, The Legal Aid Sentencing and Punishment of Offenders Act 2012 and The Police, Crime, Sentencing and Courts Act 2022, which introduced changes to the law affecting protest.

Under these laws, some forms of trespass are illegal and may lead to criminal prosecution, including:

• Trespass by hunt saboteurs and activists
• Mass trespass (e.g. raves and festivals taking place on private land)
• Squatting in a residential building

The police are able to direct trespassers to leave land or property where the activity is considered a crime. This means that some types of trespassing can have both civil and criminal consequences, depending on the specific circumstances.

What is aggravated trespass?

One branch of criminal trespass is “aggravated trespass”. This occurs when a person or group of people:

• Trespass on land or in a building, and
• Intentionally obstruct, disrupt or intimidate others from carrying out a lawful activity.

Well-known examples of this would be hunt sabotage or protesting by blocking roads. The police can order any person believed to be involved in aggravated trespass to leave the area. A person convicted of aggravated trespass can face a maximum sentence of 3 months imprisonment and/or a fine of up to £2,500.

What is the procedure for dealing with trespassers?

The best thing to do is to speak to the trespasser, explain that they’re on your property, and politely ask them to leave. You can report the incident to the police if it involves criminal trespass.

In most cases, a simple warning does the trick.

If the trespasser refuses to leave, you can take them to court. Often, the threat of court action is enough. Sending a formal letter to the trespasser, giving them a reasonable time (e.g. 7 or 14 days) to remove themselves from your property, can be extremely effective.

If the person is still on your land after this time period, then you can take legal action to remove the person from your property and seek damages. There is also a fast-track procedure for removing trespassers from buildings (not open land) which can be highly effective if you meet the strict criteria.

Our experienced property disputes lawyers can recommend the best way forward and simplify the process as much as possible.

How do I prove trespassing?

To prove trespassing, you must show that the person entered or remained on your property without your permission or legal right to do so. While you can start a claim against “persons unknown,” if you can find out the names of the trespassers, this will help your claim.

It is useful to take photographs or video footage, and keep a log of people and vehicles entering and leaving the property.Your solicitor can help you put together a strong case and gather the necessary evidence to prove the trespass.

How long do I have to file a lawsuit for trespassing?

The time limit to file a civil claim for trespassing is six years from the date of the incident. However, most cases are started much sooner as landowners want their property back as quickly as possible.

What are the defences to a trespassing claim?

There are several defences that a trespasser can use to defend against a claim of trespassing. These include:

• Consent: The landowner gave express permission for the person to enter their property, or there is implied consent (such as walking on a public footpath through private land).
• Necessity: It was necessary to enter onto another’s property without permission in order to prevent serious harm or danger (such as trespassing to save someone’s life).
• Right: The trespasser believed they had a legal right to enter the property, for example, if they thought they had an easement to use the land or if there was confusion over boundaries.

If you are accused of trespassing, please contact us for advice and assistance. We can help you understand whether defences are available and what your next steps should be.

Can I remove the trespasser myself?

Forcibly removing anyone from your property could land you in serious trouble with the law. You shouldn’t throw their possessions out or physically remove them from the property, as this could result in criminal charges against you.

The best and safest course of action is to obtain a possession order from the court. If the order is breached, you can apply for a warrant of possession. A bailiff or High Court Enforcement Officer will then be able to physically evict the trespasser from the property.

Need help with a trespassing issue?

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811