Legal Articles

Trespass and boundary disputes

Home / Knowledge base / Trespass and boundary disputes

Posted by Mary Stansfield on 25 November 2013

Mary Stansfield Paralegal

Trespass is a “Tort”, an area of law that relates to actions against persons (such as assault), against goods (that relate to possession) and actions against land for which “Trespass” is more commonly known.

Trespass upon land relates to the unauthorised physical entry of one person onto another’s land.  Within the context of a boundary dispute; trespass is the basis of a claim a landowner has that his neighbour is encroaching upon his land.

Consider the following scenario:

Alan is the owner of a terraced property.  Alan’s garden shares a boundary with Bodrul that is marked by a wooden fence.

Six months ago, Alan moved the wooden fence onto Bodrul’s property. Alan subsequently planted roses in a flowerbed that abuts the wooden fence, which because of the new position of the wooden fence enjoy more sunshine.

Bodrul has discovered this and is claiming that the fence is not upon the boundary line.

Alan, by moving the fence and planting roses upon Bodrul’s land is trespassing on Bodrul's land.

Regardless of whether Alan is physically on Bodrul’s land or not, the simple act of Alan putting his belongings on Bodrul’s land is an act of trespass.

Bodrul is entitled to request that Alan removes the roses and returns the fence to its original position. If Alan refuses, Bodrul could issue court proceedings and apply to the Court for an injunction forcing Alan to return the wooden fence to the boundary line. 

Parties involved in a dispute are always advised to consider Alternative Dispute Resolution such as mediation, particularly where the costs of progressing a dispute may be disproportionate.

Wright Hassall’s Residential Property Disputes team is experienced in all matters relating to Boundary Disputes and Trespass.

About the author

Mary has worked in the area of lender litigation for approximately 20 years, dealing specifically with mortgage repossessions for a major high street lender.

Mary Stansfield

Mary has worked in the area of lender litigation for approximately 20 years, dealing specifically with mortgage repossessions for a major high street lender.

Recent articles

22 May 2020 How to value a house and its contents for probate

In order to apply for probate, executors have to provide HMRC with details of all assets and liabilities (including joint assets) and any gifts made by the deceased during the seven years prior to death.

Read article
22 May 2020 Making employees redundant - a detailed guide

Dismissal by reason of redundancy is considered a legitimate reason for an employer to dismiss an employee. Therefore, in a genuine redundancy situation, employees will not be able to bring a successful claim for unfair dismissal providing the employer has followed a fair process leading to the decision to dismiss.

Read article
21 May 2020 Assisting cash flow during COVID-19

It is widely reported that SME's are experiencing significant decreases in revenue due to the impact of COVID-19, with some SME's facing reductions in revenue of up to 50%. In these unprecedented times chasing unpaid invoices can be a drain on already depleted resources for the average SME, but it is critical to their survival.

Read article
How can we help?
01926 732512