header-logo header-logo

23 February 2018 / Gavin Bennison
Issue: 7782 / Categories: Features , Property
printer mail-detail

Possession claims against trespassers (Pt 2)

nlj_7782_bennison

In the second of a two-part series on possession claims, Gavin Bennison considers occupation of part

  • Where trespassers occupy part, but not all, of the land within a claimant’s title, the claimant may claim possession of either the entire site or of the occupied part only.
  • There are practical considerations and advantages of either option which must be borne in mind.

A previous article considered when and how practitioners bringing possession claims against trespassers in the county court under CPR Pt 55 might go about seeking injunctive relief in addition to a possession order (see ‘Possession claims against trespassers—injunctions’, NLJ , 9 February 2018, p13). This article considers two further questions which commonly arise in such cases, particularly in cases concerning trespass on large or open areas of land:

  • What is the appropriate course of action where the trespass has occurred onto part, but not all, of the area comprised within the claimant’s title?
  • If there are others lawfully in occupation of other parts of the land comprised in the claimant’s
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll