The right to occupy or enter onto land can come in a variety of forms, including ownership of the land, taking a lease of it, being granted a licence to do so or having a public or private right of way over it. If a person enters onto land without permission to be there then they will be doing so as a trespasser.

Trespassing can come in many forms and is not simply unauthorised access of an individual.  Boundary disputes can, for instance, constitute trespass particularly if a boundary structure, such as a wall or fence, is erected in the incorrect place. Further, other intrusions onto land (such as smoke or toxic fumes) may constitute both a nuisance and a trespass. 

Trespass is usually a civil matter where only civil remedies are available although some acts of trespass do amount to a criminal offence (such as a person knowingly, or in circumstances in which they ought to have known, they entered into a residential building as a trespasser with the intention of living there for any period of time).

Stopping someone from entering onto land, or even stopping them from leaving something on land, where they do not have permission, consent or authority to do so can seem like a daunting prospect. Typically, trespassing can be the result of a larger neighbourly dispute, which involves a variety of issues that will all need to be considered and properly dealt with.

How can we help you?

If you are aware of a party entering onto your land without consent and need guidance on your rights and/or taking action, then our property litigation solicitors have extensive experience in bringing and defending claims for compensation and injunctive orders.

Please contact our team on 0345 646 0406 or fill in our online enquiry form and a member of our team will be in touch.