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GLOSSARY

Trespass to land definition

Published by a LexisNexis Property expert

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...

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