Staffordshire Police

There are some trespassers who have arrived on my land, what should I do?

Initially, the landowner should ask the occupier to leave the land and if he/she does then all is well. The problems start however, if he/she refuses. The owner of the land may commit several criminal offences if they forcibly remove the trespasser and his/her property from the land.

Trespass to land is a civil wrong and as such the police have no jurisdiction. Under common law, the landowner has a right to re-entry on the land; but not to force the trespassers to leave.

The best and safest course of action is to obtain a court order, which if breached may then turn into a criminal matter. If the police do attend such an incident such as this, they are there to observe for any criminal offences committed by either party. The police cannot assist in the removal of the trespasser or their property from the land in question.

The police do have some powers against two or more trespassers if damage has been caused or there are more than six vehicles on the land.

The trespassers who have been on my/council land have left behind a lot of rubbish, what can be done?

If the trespassers were on council land then the council will have the responsibility for cleaning it. If the rubbish is on private land then it is the landowner's responsibility. The council will remove the rubbish; however there will be a charge.