Actions in Trespass
Suing for trespass can be a complex legal procedure, as trespass may be a civil offence – or a criminal offence if criminal damage is caused to the property or land.
The law defines trespass as “any unjustifiable intrusion by a person upon the land in possession of another”.
Some incidences of trespass – such as illegal gatherings on private land or hunt saboteurs on private land – fall within the scope of the Criminal Justice and Public Order Act 1994 (CJPOA) and public order offences are police matters.
Other types of trespass involve squatting, boundary disputes – or members of the public using private land as a short cut, which may constitute a claim for nuisance.
In these cases, a private owner-occupier can ask the police to direct a trespasser to leave the land if the owner of the land has already asked the trespasser to leave and the trespasser has:
- caused damage to the land
- has six or more vehicles on the land
- has used threatening or abusive behaviour to the occupier of the land, or the occupier’s family, employees or agents.
Once a trespasser has left the land it is an offence to return within three months – and police may even be able to seize any vehicles involved at this stage.
Actions in trespass – Squatters
The government made squatting in a residential building a specific criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPOA), which means police can become involved in a case of trespass involving squatters if the squatter:
- is in a residential building as a trespasser and entered as a trespasser
- knows – or ought to know – they are trespassing
- is living in the building – or intends to live there – for any period of time.
In actions of trespass, evicting squatters and suing for trespass can be extremely stressful for a displaced householder.
However, squatters are protected from threats and intimidation in the eviction process under The Protection from Eviction Act 1977.
It is therefore vital that householders take expert legal advice in any trespass case involving squatters, to make sure they are not evicted unlawfully as a result of harassment or intimidation, even if the owner of the property did not intentionally mean to harass or intimidate squatters in their home.
Actions in trespass – Boundary Disputes
In boundary disputes, an injunction may be obtained against a neighbour or trespasser to stop the trespass.
The civil court is also able to award damages in some cases of trespass, based on an estimate of financial loss as a result of the trespass – for example, a fall in the value of property as a result of the trespass or as a result of damage caused to the property by trespassers, including trespass on commercial property.
Damages for trespass may also involve a sum for nuisance caused by the trespasser.
Housing Law Solicitors can advise on making a claim in court for trespass – including assessing the value of any claim for damages and expert advice on taking legal action for trespass, including applying for injunctions and preventing trespass on commercial property.
Making a Claim for Trespass
Housing Law Solicitors advise landowners or homeowners who are dealing with a situation involving trespass on their land or property to get in touch as soon as possible for advice on how to deal with the situation before it escalates.
Housing Law Solicitors can advise on whether police involvement may be needed – or whether sending an initial pre-action letter detailing a claim for trespass might be the best way forward, especially if you have already tried to negotiate with trespassers on your property without success.
Housing Law Solicitors can also advise on alternatives to legal action for trespass, including dispute resolution and mediation.
Funding Legal Action for Trespass
Housing Law Solicitors offer clients wishing to take legal action for trespass a Conditional Fee Agreement (CFA) to fund the case.
Housing Law Solicitors also offers a fixed fee arrangement for the initial assessment of a claim for trespass, so our clients know exactly how much they will be paying from the outset.
WHO WE AREWhy Choose
Housing Law Solicitors
There are many good reasons to choose our housing solicitors here to handle your legal defence. The first is our excellent reputation as industry leaders in this area of the law, with 5-star customer rated reviews and all of the clients who’ve used our services for Housing Law Solicitors saying they would recommend us to others. As they say, word of mouth, is the best advertising you can get. Members of our housing team have also been recognised by some of the top legal directories in the UK.
Our solicitors take a holistic, personalised approach to each and every case. We know that facing repossession or even disrepair or an anti-social behaviour order can be a very distressing experience and mounting a credible case without expert help is extremely difficult if not impossible. Our solicitors will listen to you and offer their advice in an honest, transparent manner, explaining your options clearly. They’ll also keep you updated on your case and work tirelessly to secure the best resolution for you.
Housing Law Solicitors - You can trust
How Housing Law Solicitors Can Help
Resolving any type of housing issues involves several steps, starting with providing initial advice on outcomes of housing matters. This advice is crucial, as it prevents you from accidentally incriminating yourself or making a mistake that could work against you in court further down the line. At Housing Law Solicitors, we also:
- Provide advice in relation to housing procedures and what to expect next
- Protect the rights of people facing anti-social behaviour
- Attend landlord interviews with you to ensure that proper procedure is followed and that you’ve the legal advice you need to answer questions appropriately
It is crucial you call us at the earliest possible stage of any housing issues or an anti-social behaviour order. Time is of the essence.What we regard as the best Housing Law Solicitors are waiting to help you. Call us now on 0800 061 4996 . All calls are free from landlines and Mobiles
Drug Offence Specialist SolicitorsWhat To Do Next
Our expert housing solicitors can provide tenants with housing advice and assistance. It’s essential to seek expert legal representation immediately. Time is of the essence. A person who has been facing housing issues has the right to legal representation as soon as they ask for it. Our housing solicitors will uphold your legal rights from the start to ensure that you’re treated fairly and to establish the facts in the case as soon as possible.
If you’re in this kind of situation, don’t hesitate. Call our housing law team on 0800 061 4996. We have our liaison team waiting to help.
Even if your case has progressed further than this, our Housing Law Solicitors can still help. It may be the case that you aren’t happy with your legal representation, or the charges against you have changed. In these circumstances. It’s always better to simply call our friendly housing law team to discuss the details of your case further for expert advice you can rely on. Our housing solicitor liaison team will clearly and honestly lay out the strategic options available to you, offering a realistic prediction of how the case will unfold and advise on how to achieve a positive outcome. We are always waiting to help.
Housing Law Solicitors
If you’re facing housing issues or an anti-social behaviour order, contact our experts at Housing Law Solicitors with access in London, Birmingham, Manchester. We are the number 1 choice to provide expert advice and legal representation anywhere in the UK. So, whatever your situation and wherever you are based, we’ll be there for you.
Other Links
Contact Us
We accept all major cards
- Queens House, 55-56 Lincoln’s Inn Fields, London, WC2A 3LN
- 437-441 London Road, Sheffield, S2 4HJ
- 2 Wilmslow Road, Manchester, M14 5TP
- Unit 20, Listerhills Science Park, Campus Road, BD7 1HR
- Back office at Keoghs, Nicholls, Lindsell & Harris, 21-23 Market Street, Altrincham, WA14 1QT (by appointments only)
Copyright© 2020 – www.alison-law-solicitors.co.uk/www.alisonlaw-housing.co.uk are trading names of Alison Law Solicitors LLP the main website can be viewed at www.alison-law.co.uk, A limited Liability Partnership registered in England and Wales under number OC378803. Registered Office: Alison House, 437-441 London Road, Sheffield, S2 4HJ. Authorised and regulated by the Solicitors Regulation Authority of England and Wales with registered number 573279 and 641704. List of members and non-members who are ‘Partners’ are available at the registered office. Alison Law Solicitors logo is a registered trademark. All Rights Reserved. VAT number 157 2011 39. We do not accept documents via email or fax.
