Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Trespass definition

What does Trespass mean? Trespass describes unauthorised entry onto land in the possession of another, or remaining on it, or placing objects on it, without consent or other lawful authority. In England & Wales, Northern Ireland and Ireland, trespass to land is a civil wrong (tort) actionable per se: the claimant need only show a direct, intentional (or negligent) interference with land in their possession; proof of damage is not required. Possession, not ownership, is key. Typical issues include entry by protestors or squatters, boundary encroachments, scaffolding or cranes oversailing, or installing pipes or cables without consent. Defences include licence or consent, statutory powers,...

Removing trespassers and squatters: possession proceedings, interim possession orders, service and enforcement under CPR 55 (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note outlines the process for reclaiming possession from those who entered premises as trespassers (often referred to as squatters), or who have remained on land without the consent of the person entitled to possession, by starting possession claims under cpr 55. It excludes any claim against a tenant or sub-tenant, whether or not the tenancy has ended. For steps to regain possession from a former tenant or sub-tenant who stays on after lawful occupation has expired, see Practice Note: Possession proceedings. This Practice Note also does not cover private residential property let on assured shorthold tenancies (ASTs) or social housing (including secure tenancies granted under the Housing Act 1985). For ASTs, see Practice Notes: Assured and assured shorthold tenancies—granting and Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position, and for secure tenancies, see Practice Note: Secure tenancies.

Possession proceedings

Although squatting in a residential property is a criminal offence that can be reported to the police (see Practice Note: Trespass—remedies), squatting cases are frequently complex, and a landowner may therefore commence court proceedings to recover possession of the property. Court proceedings may...

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Web page updated on 21/05/2026

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