Trespassing is a form of nuisance and usually involves incursion onto another person’s property or land without permission or any right to use the land or property.
Trespass may also involve adverse possession, where an individual acquires a right over land or property as a result of persistent use over time – squatting is the most obvious example of this.
Boundary disputes can be another issue in trespass – and deciding on where a boundary lies and which party is trespassing requires expert legal advice from a property solicitor.
Trespass may also involve use of another person’s property or land for a specific purpose – for example fly tipping, parking a vehicle, pitching a tent, using the land as a right of way or even breaching another party’s airspace. This may be particularly relevant in the use of drones, for example, as well as frequently blowing smoke from bonfires or odours from chemicals onto another party’s land or property, which is a form of nuisance.
Duncan Lewis can advise at any stage of a case involving trespass or unlawful or unlicensed occupation of land and property, including court action such as injunctions to prevent trespass and evictions.
Duncan Lewis can also advise on cost effective approaches to trespass involving neighbours or other parties, including pre-action mediation and dispute resolution to avoid court action.
Under the Criminal Justice and Public Order Act 1994 (CJPOA), some forms of trespass are illegal and may lead to criminal prosecution, including:
The police are able to direct trespassers to leave land or property where damage has been caused, or if more than six vehicles have been sited there, or trespassers have used threatening or abusive behaviour.
For expert legal advice on property litigation and Trespass, call Duncan Lewis Property Litigation Solicitors on 0333 772 0409.