Trespass—remedies
Trespass—remedies

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Trespass—remedies
  • Physical repossession
  • Residential buildings—criminal offence of squatting
  • Criminal offence under Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Criminal offence under Criminal Law Act 1977
  • Other police powers to remove trespassers from land
  • Injunctions
  • Interim injunctions
  • Quia timet injunctions and persons unknown
  • Possession proceedings
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. claims for possession brought under CPR Part 55 (including appeals and proceedings to enforce an order for possession by a warrant or writ of possession)

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

This Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser or squatter, issues that may arise as a result of trespass, potential remedies available to the landowner including physical repossession, while taking into account the Criminal Law Act 1977 (CLA 1977) and the exception in respect of displaced residential occupiers, use of police powers to arrest where appropriate, the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) in criminalising residential squatting, injunctions and interim injunctions (including quia timet injunctions), damages including the negotiating damages model, mesne profits, exemplary

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