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 and news
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding..