Trespass

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Trespass is the unlawful presence of a person on land in the possession of another. For examples of acts which have been found to amount to trespass, see Practice Note: Trespass—claims and defences.

The trespass must be to real and corporeal property, ie land or buildings, the vesture of land or the herbage of pasture. The benefit of an easement does not give sufficient standing to sue for trespass as long as it does not give exclusive possession.

There is no liability in trespass where there is no act of direct intrusion on another person’s property, though there may be in nuisance.

For more information regarding trespass, see Practice Notes: Trespass—claims and defences and Trespass—remedies.

Remedies

The methods of regaining possession from a trespasser which are available to a landowner include:

  1. •

    physical repossession

  2. •

    arrest of the trespasser by the police for a criminal offence

  3. •

    injunction (including quia timet and interim injunctions)

  4. •

    possession claim (including a claim for an interim possession order)

In addition to the above remedies which are available for regaining possession, a landowner may also seek damages in respect of

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