Trespass and nuisance on land
A trespass or a nuisance on land is usually a civil matter. However, trespassing on a property could be considered as squatting or harassment, which would be a criminal matter.
Trespass can occur in numerous ways – dumping rubbish on someone’s land, for example, or encroaching on the land.
A nuisance is more likely to be inconsiderate, such as repeated loud noise, unpleasant smells, or rubbish.
What is considered trespassing?
The most common forms of trespassing are placing or leaving objects on land owned by a person or company without consent, or removing land or property under the same conditions. You can also be considered as trespassing if you are abusing an existing right or easement, or if you remain on land or property when consent has expired.
What is considered a nuisance?
A nuisance is a pattern of inconsiderate behaviour that impacts your property or land. A pattern has to be proven and although there is no considered length of time, a court is unlikely to rule favourably if you are taking legal action over a nuisance with a known or probable ending, such as building work or a DIY project.
Can I issue a court proceeding if someone is trespassing?
Yes, however issuing court proceedings is not always the best cause of action. Attwells will always recommend you try to reach a win-win compromise first. If this approach does not work, our disputes experts will be happy to assist you. Attwells offer a free initial chat – during this time we will ask you for a brief outline of your complaint.
Before attending your first appointment, we’d also recommend you bring the following:
- A record and/or timeline of events
- Any proof or evidence such as photos, emails, text messages, or letters received concerning the matter
Having this information will save you time and money.