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    Is trespass a criminal act in England, and what can be done if someone trespasses on your land?

    Question #100556. Asked by billythebrit. (Oct 27 08 4:58 AM)


    looney_tunes

    "In England and Wales, despite the prevalence of notices asserting that 'trespassers will be prosecuted', unless the trespass is aggravated in some way it is not a crime, and will only be a tort."

    http://en.wikipedia.org/wiki/Trespass

    "Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. ... In tort law, potential 'injuries' are defined broadly. Injury does not just mean a physical injury such as where the pedestrian is struck by a ball. 'Injuries' in tort law reflect any invasion of any number of individual 'interests.' This includes interests recognized in other areas of law, such as property rights. Actions for nuisance and trespass to land can arise from interfering with rights in real property. Conversion and trespass to chattels can protect interference with movable property."
    http://en.wikipedia.org/wiki/Tort

    Best advice is probably to consult a solicitor regarding a civil suit.

    Oct 27 08, 5:06 AM
    satguru

    There was also a rare offence of criminal trespass, which has been made widespread since the 2006 bill extending its scope to many new areas
    http://www.defence-estates.mod.uk/byelaws/WordDocs/Serious_Organised.htm

    Oct 27 08, 12:14 PM


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