Understanding Trespass for Walkers

Front

What is trespass?

Back

Trespass is entering or using private land without legal right or permission. It's usually a civil matter, not a criminal offence.

Front

What are the legal rights of walkers in England and Wales?

Back

Walkers have a right to walk on public rights of way and open access land. Trespassing outside these areas can be a concern.

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What could happen if you trespass?

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Landowners may threaten to call the police or sue, but trespass is usually not a criminal offence. Police won't force you to leave unless you're causing a disturbance or committing a crime.

Front

Can a landowner sue for trespass?

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In theory, yes, but it's rare. Unless property is damaged, courts are unlikely to award significant damages.

Front

What should you do if accused of trespassing on a public right of way?

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Politely assert your right to use the public right of way if you believe you are on one.

Front

Can you be forced to leave land if trespassing?

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Yes, if asked to leave by the landowner and you refuse, they can use 'reasonable force' to make you leave.

Front

When is trespass a criminal offence?

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Trespassing on railway lines, certain crown lands, government sites, Ministry of Defence sites, and licensed nuclear sites is illegal.