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 the

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Latest Property Disputes News

Property Disputes weekly highlights—14 November 2024

This week's edition of Property Disputes weekly highlights includes: Court of Appeal cases on rent repayment orders and adverse possession, High Court cases regarding beneficial ownership, the effect of failing to provide electrical condition reports in Wales, and the intention to return to a residential property, and two Upper Tribunal decisions on FTT procedure. It also includes the Law Commission’s announcement on its review of the right to renew business tenancies, RICS’ appointment of a new Chair of its Dispute Resolution Appointments Board and the UK Supreme Court’s updated building and registry times.

Family property and constructive trusts (Khan and others v Khan)

Private Client analysis: The claimants were five siblings who claimed various beneficial interests in four properties (the ‘Properties’). The defendant, their elder brother, stated that the intention within the family had always been that he, as the eldest, would hold the beneficial titles. The claimants made their claim on the bases of express trust, constructive trust of the type found in De Bruyne v De Bruyne and common intention constructive trust. There were also cross claims for account in regard to rental monies associated with the Properties and a counterclaim for damages for failure to collect rent and install tenants. The claimants were successful on almost every basis. Written by Adam Stewart-Wallace, barrister at Ten Old Square.

Welsh Government announces updates to building safety reforms and legislation

The Welsh Government has announced updates to building safety reforms in Wales, including progress to reform the design, construction, and occupation of buildings. The updates also include the introduction of tighter regulations for higher-risk buildings and a new regulatory system for registration and oversight of the building control profession. The next stage of reforms will address various aspects, including duty holder roles, gateways, and the golden thread of information, with a consultation scheduled for spring 2025. The government also outlined plans to introduce the Building Safety Bill before the summer recess in 2025, which will establish a new regime focused on the occupation phase of multi-occupied residential buildings, with Local Authorities regulating this phase in collaboration with Fire and Rescue Authorities.

Intention to return satisfies tenant condition (Weintraub v London Borough of Hackney)

Local Government analysis: This appeal was based on unusual and highly specific facts regarding the intention to return to a property and whether that satisfies the tenant condition in relation to the Right to Buy (RTB). It was held that it does, in this particular circumstance. The relevant principles to determine occupation of a property while not living there are outlined in Islington LBC v Boyle, and it remains a question of fact and degree and the burden is on the tenant. This case simply adds some helpful detail to conditional or contingent intention to return. Written by Clive Adams, head of Housing Management at Birketts LLP.

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