All land in the UK belongs to someone and when a trespasser enters or remains on your property without permission, understanding your legal rights can be overwhelming.
Trespassing not only affects your rights as a landowner but also compromises the security of your property and your peace of mind.
Whether the situation arises from an honest mistake or a squatter refusing to leave, knowing your rights and acting quickly can help protect your property and prevent the situation from escalating.
What counts as trespassing?
Trespassing involves someone entering or using your land without your consent, no matter if damage is left or not.
For occupiers, this can include occupying a building without permission or refusing to leave when asked.
Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, squatting in a residential property in the UK is a criminal offence and police can intervene.
However, trespassing on commercial and non-residential properties is a civil matter and up to the property owner to take legal action.
The first steps when faced with a trespasser are:
How can I find a legal solution?
If the trespass continues or becomes disruptive, you may need to escalate matters through the courts.
To do so, you must prove you have possession of the land and this includes having a licence.
If your documentation is accurate, a court can order an injunction that requires the trespasser to leave and prohibit them from returning.
A trespasser breaching this injunction can lead to an additional stricter injunction, fines, seizure of assets or even imprisonment for repeat offenders.
If someone is occupying your building or land without consent, you can seek a possession order, which allows you to legally remove them as long as the claim has been served on the property itself.
Where trespass has caused loss or damage or if the trespasser has financially benefited, you may be entitled to claim compensation.
By reaching out to legal support, you can understand the right solution and if you are eligible for compensation.
How can you protect your property?
Trespass cases involve strict procedures and tight timeframes, which can leave many property owners feeling overwhelmed.
As well, any errors made in your evidence or court application can delay the outcome and leave you facing costly legal fees.
With our expert guidance, we can help you get ahead of your claim and prepare the correct legal documents for an injunction or possession order
Acting quickly is important and the sooner legal steps are taken, the faster you can regain control of your property and reduce disruption.
If you are concerned about trespassers on your property, please get in touch with our team today.
