Q&As

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.

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 15 December 2017
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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 removed. If the trespasser does not remove

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United Kingdom

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