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Trespass means that land is being unlawfully occupied by someone who is not the landowner. Behaviour amounting to trespass may include squatting, remaining in rented premises unlawfully after a lease has expired or leaving unwanted items on someone else’s land without permission. Trespass can occur on private property, commercial property, rented buildings, or government-owned land. It is important to note that property owners have the right to claim property ownership, as commercial or residential property rights inherently belong to the property owner.  Unlike many other civil matters in English law, trespass is considered to be actionable per se. This means that there is no requirement for a claimant to have suffered consequential damage or financial loss in order to bring an action for trespass. 

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Potential damages from trespass

Potential damages from trespass on private property can vary depending on various circumstances; here are some common examples
  1. Property damage
  2. Emotional harm and distress
  3. Time and money loss
  4. Loss of property use by landowners
  5. Clean up costs

Prevention and Mitigation

Property owners can take various measures to prevent trespass
  1. Signage
  2. Barriers
  3. Open communication with the community
  4. Security measures

Legal assistance in Trespass Cases

Ackroyd Legal is a leading property law firm based in London, and our specialist solicitors act for both owners and other occupiers of land when a claim for trespass arises. It is possible to apply to the court for a possession order, or in exceptional circumstances when time is of the essence; this process may be fast-tracked to the High Court. Instances of trespassing may also give rise to an action for adverse possession. It is important to note that laws regarding trespass and its consequences can vary, so if you are involved in a trespass situation as either an owner or as an occupier, we can help by explaining your rights and advising you on the next steps, looking after your interests at all times. Please contact a member of our team, who will be very happy to help you.
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