Trespass

 

Trespassers

Unwanted visitors, whether it is a traveller encampment, protesters or an illegal rave, can cause serious issues for businesses, landowners and public safety.  We have a 100% record of clearing sites within a matter of weeks (although our record is 48 hours – a racecourse car park) either by skilled on site negotiation with our specialist negotiators, and/or liaising with the police, or through the courts.  Having cleared sites on many occasions, we are geared up to act quickly and decisively.  It is also possible to obtain an injunction before such trespass takes place and, in the case of an illegal  rave, this has been held to be enforceable against anyone who turns up to party.

Boundary encroachment

We regularly advise on boundary encroachment by neighbouring land owners and are big advocates of the new Boundary Disputes Protocol with sets out a sensible roadmap for resolving such disputes without recourse to the courts.   We also advocate the use of ADR such as on-site mediation and expert determination.  It is important to remember that the other party will still be your neighbour after the dispute is resolved.   A bitter court battle may not help long-term and would need to be declared if you sold.  However, we do recognise that in some cases, swift and uncompromising court action is required before opening a dialogue.

Adverse Possession

Adverse possession can often be an issue in these cases and we have experience of contested land registry applications for possessory title based on adverse possession, as well County Court and High Court proceedings for possession, injunctions and declarations.  Adverse possession can arise where someone has used land as if it was their own for over 10 years and, if established, will be a complete defence to any trespass claim.  We can advise you on the full legal test for adverse possession if this situation arises.

Get in touch if:

  • There is a traveller encampment on your land
  • You have had a tip off that a group of travellers may be on its way
  • Squatters have broken into and are occupying your property
  • You become aware of an unauthorised protest, rave or public gathering on your land
  • Someone has taken down a boundary wall
  • Your neighbour has build on or is using your land or are threatening to do so