Trespass Procedure Solicitors
Trespassing can take many forms and range from someone entering your grounds without permission, squatting in your commercial or residential property. Sometimes, trespass incidents cannot be resolved as easily as you’d hope and it results in serious issues for you, your business and even neighbouring properties.
Our commercial property dispute solicitors are experienced in acting on behalf of commercial clients on trespass matters.
In terms of a solution, there are various options which we can advise you on. These are:
Trespass can occur where someone occupies your premises without your permission (‘squatting’). In cases involving commercial premises, bailiffs can be instructed to evict the occupier; unlike residential premises where there is not protection. However, it is often the preferable option to seek possession through the Courts. You may, therefore, need to issue possession proceedings against those occupiers, if you know who they are. If you do not know who they are, you can bring proceedings against ‘persons unknown’.
These proceedings can be time sensitive, especially if an interim possession order is required, whereby the trespasser is not put on notice.
Once our solicitors have all the necessary information, we are likely to be able to offer a fixed fee agreement in respect of possession from a squatter. We will go through this with you in more detail during your initial meeting.
Trespass can also occur where someone is occupying / using only part of your land (as opposed to all it), without your permission. In this instance a possession order will not be appropriate. However an injunction may be.
Injunctions are Court orders to do or stop doing an act. For example, if someone keeps intruding on your land in order to get to someone else’s without your permission, you neighbour has erected a wall / building on your land without your permission. If so, you may be able to apply for an injunction which prevents them from continuing to do so.
Injunctions are down to the Court’s discretion, however, so it’s important to remember it varies from case to case. Additionally, injunctions can be time sensitive. Should therefore seek immediate advice on any potential trespass.
Compensation or damages is most appropriate in cases where the trespass has resulted in financial loss and / or an injunction is inappropriate
In some cases, the Court will award nominal damages where there has been a trespass but you didn’t suffer any actual financial loss.
Get in touch with our commercial property dispute resolution solicitors in Bristol
Trespass can be incredibly stressful and financially draining. Our commercial property disputes team is experienced in dealing with all types of trespass and are here to help, whatever type of trespass it is. Call us on 0117 325 2929 or complete our online enquiry form.