Securing Your land from Unauthorized Access
Trespassing is a civil wrongdoing or tort, which means it’s not inherently a criminal offense, although some elements of it may involve criminal aspects. Trespassing encompasses a range of activities that involve unauthorized entry onto another person’s property. Here are some common scenarios in which trespassing can occur:
Illegal Gatherings: Trespassing may involve illegal gatherings such as raves, car meets, or organized protests on private property without permission.
Public Shortcut: Members of the public using private land as a shortcut to reach another location can be deemed trespassers.
Fly-Tipping: Illegally dumping rubbish or waste on someone else’s land is a form of trespass.
Boundary Disputes: Disputes related to property boundaries, like issues with fences or unauthorized building on another person’s land, can lead to trespassing claims.
Rough Sleepers: When individuals set up camps or sleep on private property without consent, it may also constitute trespassing.
Trespassing is generally considered a civil issue, but there are circumstances where criminal law comes into play. For example:
Squatters: The Criminal Justice and Public Order Act 1994, Sections 61 and 62, deals with trespassing on land and trespassing with vehicles. Squatting in buildings is also illegal in certain situations under the Legal Aid Sentencing and Punishment of Offenders Act 2012, Section 144. In these cases, the trespass becomes a criminal offense.
Aggravated Trespass: This is a form of criminal activity where the trespasser disrupts, obstructs, or intimidates individuals attempting to carry out lawful activities in the area.
Travellers/Gypsies: The incursion of unauthorised encampments on private/council owned land, 99.9% of the time can be removed by using the ‘common law’ method. See our Traveller/Gypsy page for further information.
At Eviction Bailiffs, we specialize in handling various trespass eviction cases. In most instances, we can remove trespassers under common law, as per Halsbury’s Law of England Volume 97 (2020) 5th Edition. However, situations where common law does not apply may require an order for possession and, in some cases, a transfer to the High Court for a Writ of Possession. Our expertise in these matters allows us to assist property owners in swiftly and legally resolving trespass issues, whether they are civil or criminal in nature.