Neighbourly matters: Trespassing – a practical guide for landlords
Trespass can be disruptive, stressful and costly – particularly if it isn’t handled correctly from the outset. The key is to act quickly, calmly and within the law. This guide sets out what trespass is, what your options are, and how to regain control of your property safely.
What is trespass?
Trespass happens when someone enters or remains on land without permission. It can be deliberate or accidental. Common examples include:
- Squatters or urban explorers entering empty property
- Former tenants staying on after their lease has ended
- Travellers or protest groups setting up camp.
If you suspect trespass, early legal advice can make all the difference. Taking the wrong step, even with the best intentions, can be expensive and hard to undo.
Is trespass a criminal offence?
In most cases, trespass is a civil matter, not a crime. Courts, rather than the police, are usually the route to resolution. Civil remedies can include:
- Reclaiming possession of the land
- An injunction to prevent future trespass
- A possession order requiring the removal of the trespasser
- Claiming damages for any loss.
Some cases (like breaking in or squatting in a home) are criminal and police involvement may be required.
Steps to deal with trespassers
Every situation is different, but a proportionate approach usually works best:
- Start with a polite request to leave (where safe and appropriate)
- Involve the police if a criminal offence may have occurred
- Instruct a solicitor to send a formal demand to vacate
- Apply to court if the trespass continues.
Pursuing a stressful trespass claim
If Court proceedings are necessary, enforcement via the High Court can restore possession in days rather than weeks. For unauthorised occupation of buildings, a fast track option, known as an Interim Possession Order (IPO), may be available.
Supporting evidence like photographs, video recordings, or a detailed log of visitors can significantly strengthen your case. However, claims can still be brought against “persons unknown” if the trespasser’s identity is not known.
Time limits on trespass claims
Trespass claims must generally be filed within six years from the date the trespass occurred.
However, prompt action is preferable. Delay can weaken your position and make it harder to enforce your rights, so early action is strongly recommended.
Common defences
Individuals accused of trespassing may rely on several defences, including:
- Consent, which can be express or implied (inferred from circumstances, such as walking along a public footpath)
- Necessity, for example, trespassing to save someone’s life or to avoid serious danger
- Legal right, where the individual may believe they have a lawful right to enter the land.
Avoid self help and unlawful eviction, it’s rarely worth the risk
Physically removing a trespasser or their belongings yourself can expose you to criminal liability or civil claims.
The safest route is a court ordered possession process. If a possession order is ignored, a warrant of possession allows a bailiff or High Court Enforcement Officer to carry out a lawful eviction.
How we can help
Our Real estate disputes team supports clients – from individuals to large organisations – across the full spectrum of property-related disputes. Get in touch with one of the team for more information about how we can help.
