What is Trespass?

The main legal connotation of trespass is the act of entering another individual’s property unlawfully.

However, the law of trespass can encompass trespass against property, trespass against possessions (chattels) and trespass against the person.

The Trespass law is governed by the general area of law known as tort.

Although most cases of Trespass are treated as civil cases there are some cases which are treated as criminal including cases which involve illegal raves or squatters.

Examples of Trespass under Civil Law

Examples of Trespass against property include:

When an individual enters another individual’s home without being invited
When an individual refuses to leave a public place/area after it has closed
When an individual goes onto land without the owner’s permission, unless there is a right of way
When an individual is invited onto private property but is asked to leave and refuses
When an individual attends a function/concert for which he has paid for but then causes a disturbance and refuses to leave when asked
When an individual needs to access a neighbour’s land to carry out repairs on their own property but right of access is not stated in the title deeds, the individual has not issued the neighbour with written notification and that individual has not put in an application with the court for access
When an individual places objects of one description or another on private land
When an individual has permission to enter the land/property for a particular reason but uses the land for another reason
When an individual, parks or abandons a vehicle on another individual’s land without permission
In certain circumstances, a freeholder may trespass when going into a property which has been leased, particularly with a residential property lease.

Other Forms of Trespass against Property

Other forms of Trespass against property include

Subsoil Trespass – The entry of land at any depth below that land
Airspace Trespass – The invasion of airspace at a particular height above the land
A part of a structure, tree or plant which overhangs the neighbour’s land, even if it has no adverse effect on the use of that land. The neighbour does have a legal right to remove branches, leaves or vines from the intruding tree or plant but these should always be returned to their rightful owner

Taking Action

When taking action against a trespasser the land/property owner will need to bear in mind that the intruder does have certain rights too.

The land/property owner can order the intruder to leave either in verbal or written form but this isn’t always successful and if the problem persists the land/property owner may have no choice but to seek legal action.

If the land/property owner decides to take legal action then he can apply to the court to take out an injunction against the intruder.

Most cases of Trespass will be dealt with under civil law but if the Trespass is of a more serious nature and includes damage to property or land, assault or burglary then the case will immediately become a criminal one for which the intruder will be prosecuted.

Protecting your Property

Land/property owners have a legal right to protect their property against intruders via the following means:

A land/property owner can have a fence or wall erected around their property or land but will need planning permission if the wall is intended to be over 2 metres high or 1 metre high if it borders a public footpath or highway.
A land/property owner can have a low voltage electric fence installed as a deterrent but would need to ensure that clear warning signs were displayed at all times.
A land/property owner can also have alarms fitted as well as appropriate locks and bolts to keep the intruders out.

However, a land/property owner also has a legal obligation to ensure that the land/property is safe and in a good state of repair otherwise, he may find that he himself is prosecuted because an intruder suffered an injury whilst on the property/land in question.

A land/property owner should also note that, no matter how frustrating an occurrence or ongoing occurrence of Trespass can be, it is neither acceptable nor legal to use excessive force or violence against an intruder or to set traps or install broken glass into the tops of fences and walls as a deterrent.

Understanding Trespass Laws