Trespassing Lawyers
Trespassing is more than just an inconvenience. Whether it’s an unwelcome neighbour, an intruder, or someone misusing your property, trespassing disrupts your peace, security, and rights.
In the UK, trespassing can take many forms—from someone entering your property without permission to more complicated situations like squatters or boundary disputes.
Each trespassing incident is unique, but they all share one thing in common: they can leave you feeling unsafe and stressed. Trespassers not only invade your personal or business space but can also cause serious damage, leading to expensive repairs and even a drop in your property’s value.
If you’re dealing with a trespassing problem, our network of expert property lawyers is here to help. We offer straightforward, actionable advice tailored to your specific situation, so you know exactly what steps to take.
Contact Lawhive today for a free case evaluation from our Legal Assessment Specialists. You’ll get a no-obligation quote for the services of a specialist trespassing lawyer, and start taking steps to reclaim your space.
What is trespassing?
Trespassing is when someone enters or stays on land or property without permission. It includes:
Entering or staying on land or property without permission.
Occupying property without the owner’s consent.
Aggravated trespassing, which involves disruption or intimidation.
Entering restricted areas illegally.
Encroaching on property boundaries or rights of way.
Trespassing can take many forms, from a neighbour who routinely crosses your garden to intruders who refuse to leave your business premises. In the UK, it’s a civil matter rather than a criminal offense, except in certain serious cases.
Types of trespassing
In the UK, trespassing can take several forms, each with unique challenges.
Basic trespassing
Basic trespassing happens when someone enters your property without your consent. This can be as simple as a person walking onto your lawn, entering your garden, or stepping into your business premises without permission.
Trespassing with intent to live (squatting)
Squatting occurs when someone moves into a building or land intending to stay there without the owner's permission.
This type of trespassing is more serious because squatters occupy your space as if it were their own home. In some situations, particularly if they refuse to leave, squatting can lead to criminal charges.
Aggravated trespassing
Aggravated trespassing occurs when a person not only trespasses but also disrupts, obstructs, or intimidates lawful activities taking place on the property.
For example, if someone trespasses to protest against or interfere with a lawful activity, like a business operation or a hunt, this would be considered aggravated trespassing. This type of trespassing is a criminal offense and can result in arrest and prosecution.
Boundary disputes
Boundary disputes arise when there’s a disagreement over where your property ends and your neighbour’s property begins. This kind of trespassing happens when someone builds a fence, plants trees, or uses land that you believe belongs to you.
These disputes can be tricky, often requiring detailed surveys and legal assessments to resolve who owns the disputed land.
Access issues
Sometimes, trespassing involves arguments over the right to use certain parts of a property, like a shared driveway, footpath, or access to utilities like water supplies.
This type of trespassing is common in both residential and rural settings, where rights of way and shared resources are involved.
Trespassing on designated sites
There are specific sites, such as railways, military bases, and some government buildings, where trespassing is considered a criminal offense.
Entering these areas without authorisation is illegal and can lead to immediate arrest and criminal charges. The seriousness of the offense depends on the nature of the site and the potential risk posed by the trespasser.
Is trespassing illegal in the UK?
In the UK, trespassing is typically handled as a civil matter rather than a criminal one.
If someone enters or remains on your property without permission and without intending to commit a crime, it falls under civil law. In such cases, you, as the property owner, have the right to ask the trespasser to leave. If they refuse, you can pursue legal action through civil courts to seek an injunction or claim damages.
However, trespassing becomes illegal when a trespasser has the intent to commit a crime, cause disruption or intimidation, or enter restricted or protected areas.
Can you sue for trespassing in the UK?
As a property owner in the UK, you have the right to protect your property from unlawful entry or use. If someone trespasses on your land or building without permission, you can:
Ask them to leave immediately.
Seek an injunction from the court to stop trespassers from entering your property again.
Sue for compensation to cover repair costs and financial losses caused by trespassing.
Can police help with trespassing?
If someone enters your property without permission but does not intend to commit a crime or cause significant disruption, the matter is typically not something the police will handle. Instead, you can ask the trespasser to leave and, if they refuse, take legal action.
In some situations, the police may attend these kinds of situations to make sure there is no breach of the peace, but they won’t arrest the individual just for trespassing unless the situation escalates.
Police, however, can arrest individuals for aggravated trespassing or trespassing on restricted or protected sites.
What can I do if someone trespasses on my property?
If someone trespasses on your property and you feel safe doing so, you should politely but firmly request they leave. Explain that they are on private property and do not have permission to be there.
However, if a trespasser is threatening or there is an immediate risk to your safety, you should call the police.
If a trespasser persists in their actions after being told to leave, you may consider taking civil action. In the first instance, speak with a property lawyer to understand your rights and the best course of action for your situation. This may involve sending a formal warning letter telling them to stop or, if the trespassing continues, applying to the court for an injunction.
Can I remove a trespasser from my property myself?
It’s natural to want to take immediate action against trespassers, but it’s important to know the legal boundaries and potential risks involved in removing a trespasser yourself.
As a property owner, you have the right to ask a trespasser to leave and UK law does allow you to use reasonable force to remove a trespasser if they refuse to leave after being asked. However, any use of force must be proportional to the threat posed by the trespasser.
This means if you use excessive force or injure the trespasser while trying to remove them, you could be liable for assault or battery, which could lead to criminal charges or civil action against you. What’s more, confronting a trespasser can be dangerous, especially if they are aggressive or potentially armed.
With that in mind, it’s far safer to contact the police if a trespasser refuses to leave rather than trying to remove them yourself.