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Trespass is the unlawful presence of a person on land or buildings in the possession of another. 

Examples of trespass are as follows: 

• wrongfully setting foot on or riding or driving over another person’s property; 

• taking possession of land or property or expelling the person in possession; 

• unlawfully remaining after authority expires (but care needs to be taken where it concerns for example, residential tenants who remain after their tenancy has expired). 

Sometimes, it is possible to defend a trespass claim where for example: 

• it is to exercise a legal right (statutory or otherwise). For example, where the entry is reasonably necessary for the preservation of a person’s property or the preservation of life 

• The necessity would usually involve some kind of immediate danger, such that a reasonable person would conclude there was no alternative course of action to be taken (please note homelessness would not ordinarily amount to necessity in the eyes of the law)

• entry to retake or remove goods taken unlawfully (but a tenant who is no longer in possession cannot re-enter to recover chattels left behind) 

• the limitation period for bringing a trespass claim has expired 

Remedies available against those found to be unlawfully trespassing include: 

• Repossession of the property where appropriate; 

• Injunction (usually an order to stop something from happening); 

• Damages (payment of a sum of money for any damage or loss caused by the trespass).

We will be happy to advise you on your rights and remedies.

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