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This cookie is set when the customer first lands on a page with the Hotjar script. If the trespass is continuing, the occupier can sue to have the trespasser stopped from entering or using the premises.
Where there is no evidence of irreparable damage at present or in future, the court may refuse to grant an injunction. If physical damage is caused, the measure of damages is the reduced value of the land. If the owner or occupied has been entirely dispossessed, they can bring a court action to have the premises vacated and returned to their possession. In order to do so, they must prove they have a right to immediate possession.
In some instances it may be necessary for property interests to be interference with. The Police and Criminal Evidence Act makes it lawful for law enforcement to enter onto premises in order to affect an arrest. Where there is a threat of harm to persons and property only avoidable through intrusion into the property of another, this may be excused under the doctrine of necessity.
In order to avoid becoming embroiled in costly and time-consuming litigation, it is important to consult a Property Litigation Solicitor when carrying out activities at or near adjacent land. At Lewis Nedas, our team of Property Solicitors have broad experience in both commercial and residential property litigation. We have successfully advised clients with highly complex and multi-faceted cases. To speak with one of our Property Lawyers, please contact us on or complete our online enquiry form.
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