Trespass is a word that is used a lot in disputes between neighbours.
“your dog has trespassed on my garden” or “Your car is parked over my side of the drive, you have trespassed on my land”
The definition of trespass which is a tortious offence of illegally entering into a property and where damages may be payable even if no loss has been suffered.
To prove that a trespass has take place you are required to prove you own the land which has been visited or a landlord who is entitled to possession.
A trespasser can also be a person who had permission to occupy the building or land, but the owner of the building or land has withdrawn the permission to remain there.
In rare occasions it is possible to remove those persons in occupation and obtain possession without taking legal action.
However this is rare and its always wise to take legal advice before taking any steps as a land owner cannot enter a building or land which is occupation and if any steps are taken by a person against someone in physical occupation then they could be liable of an offence under (section 6 Criminal Law Act 1977 ).
Generally in all cases of obtaining possession of a property a Court order will be required and this is certainly the case with regards Residential tenancies.
Paul Harrington is a consultant solicitor and would be pleased to advise on party wall matters – paul.harrington@batealbonsolicitors.co.uk
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Paul Harrington
Paul is a Consultant Solicitor based in Worthing, and has extensive experience in acting on behalf of his clients in a wide range of commercial and property disputes. He has worked in the Law for over 40 years and is also qualified as a Law Society Accredited Civil Mediator.