Trespass to land Definition

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GLOSSARY

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What does Trespass to land mean?

The act of remaining or entering on land without a right to do so.

Trespass is a civil wrong for which the remedy may be damages (called mesne profits), an order for possession or an injunction. Lapse of time may mean that trespass becomes adverse possession in some circumstances.

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Trespass—claims and defences

Trespass—claims and defences This Practice Note covers what trespass to land is, including trespass in relation to minerals and airspace, trespass by a tenant after expiry of a lease, continuing trespass, who can bring a claim, the necessary elements for actual possession and the possible defences to a claim for trespass. What is trespass? Trespass is the unlawful presence of a person on land or buildings in the possession of another, including: • wrongfully setting foot on or riding or driving over it • taking possession of it or expelling the person in possession • unlawfully remaining after authority expires (eg a former tenant remaining in possession against the will of the owner is, apart from statutory protection, a trespasser from the date of determination of the tenancy. However, a tenant holding over is not a trespasser until demand for possession is made, as trespass can only be committed against the present possessor of the land). For further guidance, see Practice Note: Possession proceedings • using it...

The different torts—property, people and animals

The different torts—property, people and animals This Practice Note considers the torts of: • trespass to land • tort of conversion and trespass to goods • trespass to the person (assault, battery and false imprisonment) • privacy and defamation • tortious product liability • tortious liability for animals For guidance on other torts, see Practice Notes: • Procedural abuse torts and similar • Vicarious liability and multi-party torts For guidance on negligence claims, see Practice Note: Negligence—key elements to establish a negligence claim and related content. For practical guidance content on negligence, nuisance and breach of statutory duty claims, see: Tort and negligence claims—overview. For guidance on bringing and defending claims against professionals, see: Professional negligence claims—overview. The tort of trespass to land The tort of trespass to land is committed when a person (D) does an act, which causes entry into the land of another person (C) without permission or justification. It is not necessary for any harm to be caused to the land concerned for...

Discover our 4 Practice Notes on Trespass to land

What remedies does a landowner have if someone places a structure (eg a shed) on its land without permission? Can the landowner remove the structure if it is not removed on request and recover its costs from the offending party? We do not know in what capacity the offending party has access to the land on which the structure has been placed or whether the land is commercial or residential in nature.

What remedies does a landowner have if someone places a structure (eg a shed) on its land without permission? Can the landowner remove the structure if it is not removed on request and recover its costs from the offending party? We do not know in what capacity the offending party has access to the land on which the structure has been placed or whether the land is commercial or residential in nature. The placing of anything on land belonging to another without permission or some sort of right is a trespass. This would cover the leaning of a ladder against the wall of a person’s house, dumping of rubbish etc and the building of a shed. Every continuance of a trespass is a fresh trespass in relation to which a new cause of action arises from day to day, as long as the trespass continues. As soon as the trespass has occurred or the landowner comes to know of it, he should request that the offending object or structure be...

A company is a tenant under an informal lease agreement. The landlord is a shareholder of the tenant company. As agreed between the parties, the tenant does not pay rent. The landlord has refused the sole director of the tenant company access to the property. The company is in actual occupation of the property and is still operating out of the premises. What provisions can be relied upon when seeking access to the property on behalf of the sole director?

A company is a tenant under an informal lease agreement. The landlord is a shareholder of the tenant company. As agreed between the parties, the tenant does not pay rent. The landlord has refused the sole director of the tenant company access to the property. The company is in actual occupation of the property and is still operating out of the premises. What provisions can be relied upon when seeking access to the property on behalf of the sole director? The following assumptions have been made for the purposes of this Q&A: • the sole director’s actions in operating out of the premises and requiring access in that regard are all within their authority, and undertaken in their capacity, as a director of the tenant company • the landlord is refusing access in the capacity of landlord (ie the landlord’s position as shareholder is irrelevant for these purposes) • the informal lease agreement is a fixed-term or periodic tenancy, rather than being a licence/tenancy at will....

See the 16 Q&As about Trespass to land