Home > FAQ > Property Law FAQ's > Is Trespassing a Crime?

The act of trespassing is defined as entering another individual’s land or property without permission from said landowner. In the UK, trespassing is not generally treated or considered a criminal offence. There can be exceptions but usually if an individual trespasses on another person’s lawful property, it is regarded as a civil matter and is not prosecutable under criminal law.

Trespassing is instead treated as a civil matter requiring anyone to pursue claims and to obtain court orders in civil courts to resolve the issue. We routinely act in these types of disputes across the country. In addition to seeking orders preventing the trespass (which can be enforced as contempt of court) it can be possible to also claim damages for the wrongdoing, and recovery of costs. Trespassing itself is split into three distinct categories.

  • – To the person;
  • – To land; and
  • – To chattels (interfering with one’s possessions).

 

When Does Trespassing Become a Crime?

If you are a landowner who has experienced trespassers on your private property, your first action should be to approach the trespassers and ask them to leave if you feel safe doing so. Be mindful that trespassers may act aggressively, so work to resolve the situation calmly.

Often in these situations the trespass will occur either between neighbours, where there is say a boundary dispute, or in a commercial context where ownership of land might be less clear or certain.

Whatever the circumstances, if trespassers become deliberately obstructive, aggressive, or are disrupting others from carrying out lawful duties, the act may then be deemed aggravated trespassing or lead to associated public order offences, which are punishable by law. There can also be overlap with harassment which is both a civil and a criminal matter.

We typically become involved where attempts have been made to resolve matters, but these have been unsuccessful and there is no alternative. We work to clarify the boundary and factual issues on the ground, and to issue court proceedings where necessary and appropriate if agreement cannot be reached. In the most serious cases we obtain court orders across the country ultimately resolving trespass and boundary disputes.

Difference Between Trespassing and Squatting

Trespassing differs from squatting, which is considered a criminal offence. ‘Squatting’ refers to an individual trespassing on land belonging to another and remaining there for an extended period with the intention of residing there long-term.

If one were to squat within a residential building (a home or business) for an extended period, this is considered a criminal act and can be punishable by fines or imprisonment. However, squatting in non-residential buildings or abandoned locations is not considered illegal unless squatters have engaged in destructive behaviours. There are various other legal means and claims that landlords and land owners can (must) consider if faced with these situations. The process and approach will vary depending on the specific circumstances but often it is important to act promptly to protect your position. As one example, where applicable and appropriate, an interim possession order (IPO) is a fast track claim process to regaining possession of land from trespassers but which is only available within the first 30 days after the trespass has occurred. Other forms of litigation and claim are necessary where there are say boundary disputes.

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