Trespass—claims and defences


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property Disputes expert
Practice notes

Trespass—claims and defences


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property Disputes expert

Practice notes
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This Practice Note covers what Trespass to land is, including Trespass in relation to minerals and airspace, trespass by a Tenant after expiry of a lease, continuing trespass, who can bring a claim, the necessary elements for actual Possession and the possible defences to a claim for trespass.

What is trespass?

Trespass is the unlawful presence of a person on land or buildings in the possession of another, including:

  1. •

    wrongfully setting foot on or riding or driving over it

  2. •

    taking possession of it or expelling the person in possession

  3. •

    unlawfully remaining after authority expires (eg a former tenant remaining in possession against the will of the owner is, apart from statutory protection, a trespasser from the date of determination of the tenancy. However, a tenant holding over is not a trespasser until demand for possession is made, as trespass can only be committed against the present possessor of the land). For further guidance, see Practice Note: Possession proceedings

  4. •

    using it unlawfully for a purpose other than that for which a public or private right of way over

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Jurisdiction(s):
United Kingdom
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Key definition:
Trespass definition
What does Trespass mean?

The unlawful presence of a person on land which is in the possession of another.

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