B1.11.3 Trespass


Most people are aware of trespass to land. However, a person may in fact trespass against another person by threatening or hitting them and against goods by stealing or damaging them.

Trespass to land is the most common form of trespass. It is:

  • Entering land that someone else has rights over without their permission (or other lawful authority).
  • Remaining on land after being asked to leave, despite originally having the occupiers permission.
    • E.g. a person who has a ticket to attend a performance, enters the theatre and then, having caused a disturbance, refuses to leave the premises.
  • Placing or projecting something onto land that someone else has possession over.
    • E.g. Shooting over land or abandoning a vehicle on land.


Although most forms of trespass are Civil Law, some forms of trespass are covered under the Criminal law system. This generally includes those which involve Travellers, Gypsies, Raves and Hunt Saboteurs.