Trespassers are surprisingly common in the UK and, whether it’s a neighbour or a stranger trespassing on your land, you’ll probably want to get rid of them and prevent them from coming back.
But how do you go about this? Can you get a court order? What if they come back?
Dispute Resolution Solicitor Rupert Knell answers those questions and more in this article…
What counts as trespassing in the UK?
‘Trespass to Land’, usually referred to as ‘Trespassing’, is where someone enters or uses another person’s property or land without a right to do so.
Despite common belief, the act of trespassing itself is not a criminal offence, and a trespasser doesn’t need to have caused damage for their action to be considered trespassing, as just entering or using the property/land amounts to trespass by itself.
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What can I do if someone trespasses on my property?
In the first instance, you can ask the person to stop using or entering your land; telling them that they are doing so illegally. In many cases, a trespasser might be unaware that the land is owned, so simply informing them that is the case may prevent it from happening again.
If someone continues to trespass on your land, you’ll probably want to get a court ordered injunction to effectively ‘evict’ them and prevent them from trespassing again.
How to get an injunction to stop trespass
Legally, a trespass to land occurs if someone entered/remained upon your land, airspace or ground beneath the surface of your land.
To make a claim through the courts, you need to have some degree of possession over the land, such as a licence. You do not need to have exclusive possession.
For a claim to be successful, you must be able to prove that the trespasser entered/remained in your land/property and directly interfered without permission. It doesn’t matter if they intentionally or accidentally trespassed.
Related: Transfer of Equity - How to add or remove someone from your property title
Can you claim damages for trespass?
Aside from seeking an injunction, you may be able to claim damages for trespass on your land.
These damages might be nominal, i.e. given in situations where your rights were violated but you didn’t suffer financial loss, or gain based, i.e. based on any financial benefit the trespasser has gained from their trespassing.
Depending on the trespasser’s intent, i.e. whether they deliberately or accidentally trespassed, the amount of damages can vary.
Furthermore, you may be able to claim damages for a ‘trespass to goods’, where the trespasser has directly interfered with tangible goods that you own, such as homewares or garden equipment.
You may also be able to seek an order for possession (if you have been deprived of your possession over the land through the trespassing).
What are the defences to trespassing?
A person may defend a trespassing claim if they have a licence that permits them to be there, for example. Although, if they use or occupy the land after their licence has expired or been revoked, they will become a trespasser.
In addition, they may be able to defend their trespassing if you, or another owner of the land, gave consent to trespass, either explicitly or implicitly.
For example, if the trespasser used a part of your land for a long period of time, perhaps as a walkway, and you knew about it, didn’t object and/or even acted friendly towards them, it may be implied that the trespasser had permission to continue to use that part of the land.
Finally, a person may argue that they have a legal right to enter upon the land. For example, using a public right of way.
What happens if someone ignores an injunction?
An injunction that prevents trespassing is legally binding, so any breach of that injunction can have big consequences for the trespasser.
Firstly, the court may issue an additional injunction with stricter terms and stronger punishment, to try and prevent it happening again.
Alternatively, and sometimes in addition to a second injunction, the court may hand down a large fine to the trespasser, seize some of their assets or even hand out a prison sentence (especially for persistent breaches of the injunction).
Who deals with trespassing?
In most cases, trespassing is not a criminal offence, so will be dealt with by a legal professional as opposed to the police.
A licenced solicitor can assist you in ascertaining whether you have a potential claim, following the correct legal procedures to launch the claim and represent you in court to achieve the best possible outcome.
Specialist Trespassing Solicitors
If you have any questions following this article, or would like to discuss your options with an expert, please don’t hesitate to get in touch with our bright Dispute Resolution Team.
We provide tailored advice in plain English to help you prevent future trespassing on your land and can assist you in claiming appropriate damages.
You can call us on 01202 499255, or fill out the form at the top of this page, for a free initial appointment.
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