Trespass in buildings design and construction
In its widest legal sense, trespass is the interference of a person’s right to the security of their body, property or land.
Trespass in construction usually refers to intrusion upon land in the possession of another person without permission or right (this is as opposed to trespass to the person).
Trespass can be by a person on the land, or by placing or leaving something on (or over) the land, although if materials pass onto the other persons land as a consequence of some action for which the defendant has a right, then this is a nuisance rather than trespass.
Trespass includes items such as cranes or scaffolding that might oversail adjacent property.
The tort of trespass is actionable even if no damage is suffered. Trespass can be restrained by injunction, and if losses are caused, damages are recoverable.
Construction often necessitate accessing the land of a neighbour. This must be done with permission (unless a right exists) which will usually be in the form of a temporary licence, perhaps in return for payment. However, even where someone is lawfully on land, they may still commit trespass if they exceed their rights or the permission that has been granted.
There will only be a criminal liability if there are aggravating circumstances such as criminal damage.
NB: The Party Wall Act allows access to adjoining property for the purposes of carrying out works under the Act whether or not the adjoining owner gives permission, however they must be given 14 days notice.
[edit] Related articles on Designing Buildings Wiki
- Adjoining owner.
- Adverse possession.
- Bridleway.
- Contract vs tort.
- Countryside and Rights of Way Act 2000.
- Derogation from grant.
- Easement.
- Light pollution.
- Negligence.
- Neighbour trouble.
- Nuisance.
- Party wall act.
- Permissive path.
- Pollution.
- Quiet enjoyment.
- Restrictive covenant.
- Right of entry.
- Right of way.
- Right to access land.
- Squatter.
- Wayleave.
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
CIAT publishes briefing on planning reforms.
Leaders in Learning for Practice Network
Call for conservation leaders in learning to register interest in new network.
The importance of early engagement
Construction lessons from the Trillium HealthWorks Experience Centre.
Mayors are to be given planning call in powers
Mayors across England will be able to make the most important planning decisions.
The Master Builder: William Butterfield and his times. Book review.
Why construction can't afford to ignore the skills gap.
Building Safety Regulator, 19 August
Gill Kernick appointed Independent Chair of Residents’ Panel.
Connecting knowledge, technology and conservation
Building competence for the future of built heritage.
Building Regulations and Building Safety Act
CIOB publishes free advice for non-domestic clients.
Building Safety Newsletter from MHCLG.
An extraordinary record of steel engineering worldwide.
Households living near new pylons to save on bills.

















