Trespass to land meaning

This Checklist sets out the application pathway under the Land Registration Act 2002 (LRA 2002), covering what must be proved to establish adverse possession, the required form and content of the application, the registrar’s notice and any counter-notice, how to meet the paragraph 5 conditions, and registration where the claim succeeds. For more detail on adverse possession see Practice Notes: Establishing adverse possession of land Claiming title by adverse possession under the Land Registration Act 2002 Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 Adverse possession and leases Establish adverse possession To apply, the claimant (the ‘squatter’) must show: Factual possession—ie: sufficient physical control and custody of the land (Powell v McFarlane (1977) 38 P (not reported by LexisNexis®)) exclusive possession, whether sole or joint use of the land in the manner an occupying owner would ...

In this issue: Repairing obligations and dilapidations Trespass and adverse possession Service charges Residential tenancies Disputes and remedies Rent and rates Easements and covenants Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Repairing obligations and dilapidations Building Safety Act—remediation contribution orders—respondents’ appeal dismissed in Vista Tower (Grey GR Ltd Partnership v Edgewater (Stevenage)) In Grey GR Ltd Partnership v Edgewater (Stevenage) [2025] Lexis Citation 276, the Upper Tribunal (UT) rejected the respondents’ appeal against the First-tier Tribunal’s (FTT) grant of a remediation contribution order under section 124 of the Building Safety Act 2022, made against 75 respondents. Marcus Birch of BCLP reviews the decision. See News Analysis: Building Safety Act—remediation contribution orders—respondents’ appeal dismissed in Vista Tower. High Court held progressive failure of window seals constituted disrepair (Better...

In this issue: Key developments and horizon scanning Disputes and remedies Trespass and adverse possession Electronic communications Disputes and remedies Rent and rates Additional Property Disputes updates Daily and weekly news alerts New and updated content Dates for your diary Key developments and horizon scanning BPF director warns of commercial impact from Devolution Bill's rent review ban Policy lead at the British Property Federation (BPF), Ion Fletcher, has voiced reservations about the English Devolution and Community Empowerment Bill’s proposed prohibition on upward-only rent reviews (UORRs) in commercial leases. Whilst recognising the Bill’s broader aim to devolve powers to regional authorities and enhance local development outcomes, Fletcher cautions that the late addition of the UORR ban—without consultation—could weaken investor confidence. UORRs are widely used in longer commercial leases, providing income certainty that can de-risk development and refurbishment activity. Fletcher maintains that discarding this device breeds uncertainty at a moment when the sector is already...

In this issue: Key developments and horizon scanning Repairing obligations and dilapidations Rent and rates Enforcing security and property insolvency Trespass and adverse possession Disputes and remedies Service charges Easements and covenants LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning King’s Speech 2024—property measures The 2024 King’s Speech set out property measures anticipated from Labour’s election campaign, including ending ‘no-fault’ evictions in the private rented sector and progressing Law Commission proposals on enfranchisement, commonhold and the right to manage. The supporting background briefing, adding further detail, confirms reforms will include regulating ground rents—trailed during Labour’s campaign but excluded from the Leasehold and Freehold Reform Act 2024 (LFRA 2024)—and also points to abolishing residential forfeiture. That issue has been contemplated for a considerable time: the Law Commission’s 2006 report, ‘Termination of Tenancies for Tenant Default’...

Trespass Trespass describes the unauthorised presence of a person upon land in another’s possession. Ownership of land extends to the airspace above it, so any incursion into that airspace will, in principle, amount to a trespass. In Baron Bernstein, an aeroplane passing overhead to take photographs was held not to trespass, on the footing that the landowner’s rights over airspace reach only the height needed for the ordinary use and enjoyment of the land and its structures. However, in Kelsen, a sign projecting just eight inches into the airspace above the land was found to be a trespass. In Anchor Brewhouse, the High Court confirmed that the problems created by aircraft, etc., are wholly distinct from an invasion of airspace by a structure erected on adjoining land, where the legal position is more certain and settled. The latter is a trespass in law. Remedies The adjoining landowner may claim damages and obtain an injunction where appropriate. As trespass is actionable per se in law, an injunction and...

This practice note examines property disputes arising from negligence and trespass. For statutory liability connected to property and the law of nuisance, see Practice Notes: Property disputes in Scotland (delictual and statutory) and Property disputes in Scotland—common law and statutory nuisance. Negligence Negligence claims in property contexts frequently stem from inadequate property advice given by a professional—such as an architect, surveyor or conveyancer—or from substandard construction work undertaken by a contractor, for example a builder, roofer or plumber. Negligence creates liability for loss or injury caused by carelessness or a failure to exercise reasonable competence by the relevant professional or contractor. What is the test for negligence? Negligence is assessed by a three-part test considering whether: a duty of care exists that duty has been breached the breach of duty brought about the loss or harm complained of See further: The rise of the concept of duty of care: Stair Memorial Encyclopaedia [257], The importance of Donoghue v...

Offences against heritage property Heritage crime encompasses any offence that reduces the significance of heritage assets and their settings, undermining their value for current and future generations. Heritage assets include: ancient monuments listed buildings buildings in conservation areas designated cemeteries conservation areas registered parks and gardens registered battlefields protected military remains of aircraft and vessels of historic interest undesignated but acknowledged buildings and sites of heritage significance Examples of prosecutable heritage crime theft of metals such as lead and copper from churches and other historic buildings architectural theft (see Theft) illegal metal detecting involving trespass on private land unlawful alterations to, and damage of, listed buildings criminal damage to monuments (see Criminal damage) arson (see Arson) graffiti (see Criminal damage) substance abuse and other forms of anti-social behaviour Theft of metal from historic sites and illegal metal detecting Metal theft at...

Interim possession order (IPO) An interim possession order (IPO) is a remedy that can be sought solely in relation to trespassers, and non-compliance—by not vacating the premises within 24 hours—constitutes a criminal offence (Criminal Justice and Public Order Act 1994, s 76). This extends to anyone who departs and then returns (CJPOA 1994, s 76(4)). Procedural requirements for applications are set out in CPR 55.21–28...

Planning obligations and local land charges A planning obligation made under a section 106 agreement constitutes a local land charge for the purposes of the Local Land Charges Act 1975 (LLCA 1975) and, accordingly, ought to be entered on the local land charges register as a local land charge. A local authority search should disclose planning obligations in relation to the property being searched against. If an obligation has not been recorded as a local land charge, it nonetheless binds a purchaser of the land, although the purchaser may seek compensation for any loss suffered as a consequence of the absence of registration. For more details, see Practice Notes: Planning obligations—key points and Planning local authority searches. Enforcement of planning obligations Section 106(4) of the Town and Country Planning Act 1990 (TCPA 1990) states that a section 106 agreement may stipulate that a person ceases to be bound by the agreement once they no longer hold an interest in the land...

Anyone seeking to acquire title to registered land by adverse possession, who cannot demonstrate 12 years’ possession before 13 October 2003, may apply once they have completed ten years in possession: para 1 of Schedule 6 to the Land Registration Act 2002 (LRA 2002). The registrar will then serve formal notice on the registered proprietor, who can either: consent, or fail to reply at all, in which event the applicant will be entered as the registered proprietor; or serve a counter-notice opposing the application (LRA 2002, s 73(1)) and/or require the matter to be determined accordingly under LRA 2002, Sch 6, para 5...