FAQ

Welcome to Direct Legal Services FAQ page. Here you can find some of the common questions relating to trespass law and their answers.

Can i be prosecuted for trespassing?

In short no, in full sometimes. Trespassers cannot be prosecuted by private land owners, Trespass is a civil matter. Signs that read, “Trespassers will be prosecuted” are bluff.

There are certain exceptions to the trespass laws in relation to prosecution, for example rail ways and power production facilities are often capable of prosecuting trespassers.

Can i remove Someone from my property if they refuse to leave?

Yes, you can remove an individual from your land but take caution. While you are allowed to use reasonable force to eject a trespasser, the definitions for reasonable force are far from clear.

If as a land owner you do forcibly eject an individual or an individuals possessions or both you are leaving yourself liable for criminal proceedings for undue force and damage.

How Can I tell if they have a right of way?

details of any rights of way over your property should be contained in the title register and plan of your property.

Am I Entitled To Compensation?:

This is true; you are also entitled to compensation  for the damage caused by chewing gum on the sole of your shoe. Seeking compensation for random trespass is in practice not worth the time.

On the other hand however, certain trespass' can cause actual loss though such examples are usually complex in nature. If your property is or has been the subject of a trespass and you want to know what you can do, give our clerks a call on 01159 517 545

will the Police eject a trespasser for me?

Unfortunately not. While,as mentioned earlier, you can eject a trespasser from your land, this is likely to end up with you being questioned about undue force.

Calling the police as a landowner is largely pointless. The police will occasionally attend trespass matters, this is usually to ensure that the landowner only exercises reasonable force in the ejection of the trespasser and is therefore for the trespassers benefit, not the land owners.

There are a number of reasons for this: