Can someone trespass on my property?
Trespass is going onto or staying on land without the permission of the owner or the person that is allowed by law to be there. Trespass can include burrowing under land, things that hang over the land (such as signs or a crane) and dumping things on land.
Who can come onto my property?
Certain people can by law come onto your property even if you do not want them to. Police, bailiffs, gas, electricity and telecommunications staff, post office delivery staff, and health and agricultural inspectors are some of the people allowed by law to come onto your property.
It is not trespass if a person comes onto your property to build or repair a fence, or to put out a fire.
The law accepts that if you are a home owner or tenant, you will generally agree to any person entering your property using the usual point of entry to reach the front door, unless there is a sign that says you do not agree to this.
If someone enters my property unlawfully what can I do?
If you wish to take action against the person who comes onto your property unlawfully, (that is a trespasser) you can do a number of things:
- Call the police for assistance.
- Ask the trespasser to leave and you can use enough force only to remove them. If more force than needed is used, the trespasser may take action against you for assault.
- You can take court action against the person. The court may make an order to put a stop to the person (trespasser) from going onto your land (this is called an injunction) or the court may order the person pay money to compensate you for any loss that happened from the trespass (this is called damages).
Am I responsible for people who get injured on my land?
If you own or live on a property, you may be held responsible if a person gets injured on your land (even if the person was a trespasser). The law of occupiers' liability is covered by the law of negligence. You should get legal advice.