What is Trespassing and Unlawful Entry?
Trespassing in the UK means entering someone else’s land or property without permission. While it is usually a civil matter, there are situations where it can become a criminal offence – especially if someone enters a home without consent. The law treats trespassing on open land differently from unlawful entry into a home, which can carry more serious consequences.
Neighbour disputes often involve common forms of trespass, such as overhanging branches, building on shared boundaries, or entering a garden without agreement. If you are dealing with these issues, it’s important to know your rights and responsibilities. For a closer look at how trespassing is defined and handled in disputes between neighbours, see our guide on Understanding Trespassing in Neighbour Disputes: Your Legal Rights.
Trespassing matters because it can affect your privacy, security, and enjoyment of your property. In some cases, repeated or serious trespass can lead to legal action or police involvement. For the legal background, you can read the Criminal Law Act 1977, which sets out the main rules around trespass and unlawful entry in the UK.
Your Rights if Someone Trespasses on Your Property
As a property owner or occupier in the UK, you have the right to decide who can and cannot enter your land or home. If someone enters your property without your permission, they are likely trespassing. While trespassing itself is usually a civil matter, you still have important rights and options.
If you find someone trespassing, you are allowed to ask them to leave, but you must do so calmly and without using force. You cannot physically remove someone unless you are protecting yourself from harm. Using violence or threats can put you at risk of breaking the law yourself.
To make your wishes clear, you can give a verbal warning or put up signs to tell people not to enter. In some cases, sending a written notice can help set clear boundaries. For more about this process, see our guide on how to legally request someone to stop entering your property.
If a trespasser continues to enter your property after being warned, or if their actions are causing you distress, the situation may overlap with harassment law in the UK. In some cases, trespassing can also involve criminal damage if your property is harmed.
For official information on property rights and dealing with trespassers, you can read the public guidance on dealing with land and property from GOV.UK. This resource provides clear advice for property owners and occupiers.
Common Causes of Trespassing Disputes Between Neighbours
Neighbour disputes over trespassing are common in the UK, often arising from misunderstandings or disagreements about property lines and shared spaces. One frequent cause is confusion over where one property ends and another begins. Boundaries are not always clearly marked, leading to accidental entry or use of land that belongs to someone else. If you are facing this issue, it may help to read more about resolving boundary disputes.
Shared paths, driveways, or gardens can also be a source of tension. Disputes often occur when one neighbour uses a shared space more than agreed, or blocks access altogether. Clear communication and written agreements can help prevent these problems.
Pets and children sometimes wander onto neighbouring land, causing damage or nuisance. This can include dogs digging in gardens or children playing in areas they shouldn’t. If you are dealing with issues caused by animals, see our guide to neighbour pets and the law.
Boundary features like fences and hedges can also spark disagreements. Questions about who is responsible for maintenance, or whether a hedge is too high, are common. For more on your rights and responsibilities, visit our page on hedge height and upkeep.
Understanding these common causes can help you prevent or resolve trespassing disputes with your neighbours.
Legal Steps for Dealing with Trespassing
If you discover someone trespassing on your property, it’s important to take the right legal steps to protect your rights. Start by carefully documenting each incident – note dates, times, and what happened. Photographs or video evidence can also be useful.
In some cases, you may need to involve the police or your local authority, especially if the trespasser refuses to leave or if you feel threatened. The Metropolitan Police provide practical advice on dealing with trespassers and can help you understand when police involvement is appropriate.
If the problem continues, you might consider civil action. This can include seeking an injunction to prevent further trespassing or making a claim for damages. The legal process for possession claims is set out in Part 55 of the Civil Procedure Rules.
For a step-by-step guide on what to do, including how to gather evidence and when to seek legal help, visit our detailed guide on dealing with trespassers on your property.
It’s often wise to seek legal advice early, as a solicitor can explain your options and help you avoid costly mistakes. In many situations, mediation can also help resolve disputes before they escalate. Learn more about using mediation to settle neighbour disputes or read about how the mediation process works if you’re considering this approach. The government also provides information on using mediation services for neighbour disputes.
When Trespassing Causes Damage or Nuisance
When trespassing leads to damage or nuisance, it can create real problems for property owners. If a trespasser causes physical harm – such as breaking fences, damaging plants, or causing leaks – you’re usually entitled to seek compensation. For example, if a neighbour’s actions result in water seeping into your property, you may want to read more about leaks and water damage from a neighbour’s property.
Noise and other disturbances can also be linked to trespassing. If someone enters your property without permission and creates excessive noise or other disruptions, this could count as both trespass and nuisance. To understand more about these issues, see our guide on noise, nuisance, and disturbance.
If you experience damage or ongoing nuisance, you have several options. You can try to resolve the issue directly with the person responsible, but if this fails, you may be able to claim compensation or seek an injunction through the courts. In some cases, especially where there is a risk to health or the environment, you may need to involve your local council or environmental authorities. The Environmental Protection Act 1990 sets out the responsibilities and powers of local councils to deal with certain types of nuisance and damage.
For more information on your rights and possible next steps, you can also refer to other resources on this site or seek legal advice.
Further Help and Related Neighbour Dispute Topics
Neighbour disputes often involve more than just trespassing or unlawful entry. Issues like boundary disagreements, harassment, problems with pets, and parking disputes can all overlap. Understanding how these matters connect will help you manage neighbour relations more effectively.
If you are facing parking or driveway access problems – such as someone blocking your drive or parking on your property – these can sometimes be linked to trespassing. To learn more about your rights and what actions you can take, see our guide on parking and driveway disputes.
For a wider understanding of neighbour-related legal issues, including boundaries, noise, and how to resolve disputes, you may find it helpful to explore our main Neighbour Disputes: Legal Overview and Guide. This resource brings together practical advice and steps for a range of situations.
If you have questions about your rights, what to do next, or need help drafting a letter to a neighbour, Contend’s AI Legal Assistant can help. Get clear answers tailored to your situation, guidance on resolving disputes, and support with creating legal documents – all in one place.
