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	'''Trespass''' is the unlawful entry onto, presence on, or interference with land in the possession of another person. In England and Wales, ordinary trespass to land is usually a civil wrong rather than a criminal offence. Criminal liability normally depends on an additional statutory offence or on other criminal conduct.

Trespass is a legal concept within the [[United Kingdom]]'s law system that pertains to the unlawful intrusion onto another person's property without their permission. This wiki page provides an overview of trespass in the UK, including its legal definition, types, penalties, and notable cases.
	Trespass is still legally important. It can affect property disputes, protests, unauthorised encampments, policing powers, burglary, aggravated trespass, and the use of reasonable force to remove someone from land.

== Legal Definition ==
Trespass is generally defined as the act of knowingly entering or remaining on another person's property without lawful authority or permission. It encompasses both physical intrusion onto the land (trespass to land) and interference with the property owner's rights (trespass to goods or chattels).
	== Civil Trespass ==
	Civil trespass protects possession of land. A person can trespass by entering land without permission, by remaining after permission has been withdrawn, or by placing objects on land without consent.

== Types of Trespass ==
	The claimant does not usually need to prove physical damage. Unauthorised entry can be enough. Remedies may include damages, an injunction, possession proceedings, or an order requiring the trespasser to leave.

=== Trespass to Land ===
Trespass to land occurs when a person intentionally enters another person's land without permission or remains on the land after permission has been revoked. It includes both deliberate intrusion and unintentional encroachment.
	== Permission and Withdrawal ==
	Many everyday visits depend on permission. A customer entering a shop during opening hours is normally allowed to enter public areas of the premises. That permission can be limited by signs, staff instructions, restricted areas, opening times, or the purpose of entry.

=== Trespass to Goods or Chattels ===
Trespass to goods involves interference with the possession or ownership of someone else's personal property (chattels). This may include damaging, removing, or altering another person's belongings without lawful authority.
	If a person is told to leave by someone with authority over the premises and refuses without a lawful basis, their continued presence may become trespass. The legal consequences depend on the setting and any additional conduct.

== Elements of Trespass ==
To establish a case of trespass, the following elements need to be proven:
	== Trespass and Crime ==
	The Crown Prosecution Service guidance states that trespass is not of itself a criminal offence, but that some offences have trespass as an essential element. Examples include aggravated trespass, some unauthorised encampment offences, burglary, trespassory assemblies, and squatting in a residential building.

# Unlawful Entry: The defendant must have intentionally entered the property without permission or legal justification.
# Intent: Trespass requires a deliberate act, which means the defendant must have intended to enter the property or interfere with the owner's possession.
	This distinction is important. Calling someone a trespasser does not automatically mean they can be arrested for trespass. There must be a specific criminal offence, a separate power, or another lawful basis for arrest or removal.

== Penalties ==
The penalties for trespass vary based on the severity of the offense and the type of trespass involved. Potential consequences may include:
	== Aggravated Trespass ==
	[[Aggravated Trespass]] is created by section 68 of the [[Criminal Justice and Public Order Act 1994]]. It requires trespass plus an act intended to intimidate, obstruct, or disrupt lawful activity on that land or adjoining land.

* Civil Liability: Trespass can lead to civil claims for damages or injunctive relief, where the property owner seeks compensation or court orders to prevent further trespass.
* Criminal Offence: In certain cases, trespass can be considered a criminal offence. For example, [[Aggravated Trespass\|aggravated trespass]] under the [[Criminal Justice and Public Order Act 1994]] is a more serious form of trespass, involving intentional disruption of lawful activities.
	A person who accidentally walks across private land does not commit aggravated trespass merely by being there. A person who enters private land to block lawful work may be in a different position.

== Notable Cases ==
	== Squatting in a Residential Building ==
	Section 144 of the [[Legal Aid, Sentencing and Punishment of Offenders Act 2012]] created a specific offence of squatting in a residential building. That offence is separate from ordinary civil trespass and from the Criminal Justice and Public Order Act 1994.

=== Bernstein of Leigh v. Skyviews and General Ltd (1978) ===
In this case, the [[House of Lords]] ruled that trespass to land could extend to the airspace above a property. The court held that property owners have a reasonable expectation of enjoying the airspace immediately above their land, subject to the needs of flight.
	It does not turn all trespass into a crime. The offence is concerned with knowingly entering and living, or intending to live, in a residential building as a trespasser.

=== Hollywood Silver Fox Farm Ltd v. Emmett (1936) ===
This case established that trespass can occur even if there is no physical intrusion onto the land. The court held that diverting water from its natural course, even if done underground, can constitute trespass.
	== Burglary ==
	Burglary under the [[Theft Act 1968]] involves entering a building or part of a building as a trespasser with the required intent, or entering as a trespasser and then committing or attempting specified offences. This means a person can become a trespasser for burglary purposes even where they initially entered a place that is open to the public, if they exceed permission by entering a restricted area or acting outside the permitted purpose.

== Conclusion ==
Trespass in the United Kingdom involves the unlawful intrusion onto another person's property without permission, encompassing physical entry onto land and interference with personal property. While trespass can lead to both civil liability and criminal consequences, the severity of penalties depends on the circumstances of the case and the type of trespass involved.
	== Public Order and Protest ==
	Trespass often appears in protest cases. Protest rights may be relevant to police and prosecution decisions, but they do not automatically allow entry onto private land. The exact offence, if any, depends on what the person did, where they were, what permission existed, and whether a statutory threshold was met.

== See Also ==
	For example, standing on a public pavement with a sign is different from entering private premises and blocking workers from carrying out lawful activity.

* [[Criminal Justice and Public Order Act 1994]]
	== Removal From Land ==
	An occupier may be able to ask a trespasser to leave and, in some circumstances, use reasonable force to remove them. The force must be proportionate to the situation. Excessive force can lead to civil or criminal liability.

	Police involvement depends on whether a criminal offence, breach of the peace, court order, or specific statutory power is present. Police do not automatically act as private security for every civil trespass dispute.

	== Practical Examples ==
	=== Open Shop ===
	A customer walks into a shop during opening hours. They are not normally trespassing in the public sales area. If they enter a staff-only stockroom without permission, that part of the visit may be trespass.

	=== Refusal to Leave ===
	A person is barred from a pub and told to leave. If they refuse, they may be trespassing. Further conduct, such as threatening staff, damaging property, or obstructing lawful activity, may create separate offences.

	=== Field Walk ===
	A person takes a shortcut across private farmland without permission and causes no damage. That may be civil trespass, but it is not automatically a criminal offence.

	=== Residential Squatting ===
	A person enters an empty house as a trespasser and lives there. That may fall under the specific residential squatting offence if the statutory elements are met.

	== See Also ==
* [[Aggravated Trespass]]	* [[Aggravated Trespass]]
* [[Property Law]]
	* [[Criminal Justice and Public Order Act 1994]]
	* [[Public Order Act 1986]]
	* [[Burglary]]
	* [[Citizen's Arrest]]

	== References ==
	* [https://www.cps.gov.uk/prosecution-guidance/trespass-and-nuisance-land Crown Prosecution Service: Trespass and nuisance on land]
	* [https://www.legislation.gov.uk/ukpga/1994/33/section/68 Criminal Justice and Public Order Act 1994, section 68]
	* [https://www.legislation.gov.uk/ukpga/2012/10/section/144 Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144]
	* [https://www.legislation.gov.uk/ukpga/1968/60/section/9 Theft Act 1968, section 9]

	[[Category:Law]]
	[[Category:Criminal law]]
	[[Category:UK law]]