Evict Trespassers UK: Legal Routes for Owners 2026

Overview

Trespass, in civil terms, happens when somebody enters land or a building without the owner's consent, or remains after consent has been withdrawn. It is distinct from squatting, although the two often overlap. Squatting in a residential building became a specific criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which means the police have a clear route to act where people are living in someone else's home without permission.

Trespass on commercial premises or bare land generally stays a civil matter, unless the conduct crosses into criminal damage, aggravated trespass, burglary, or threatening behaviour. That civil framing has a practical consequence: the burden usually falls on the property owner to bring a possession claim in the County Court under Part 55 of the Civil Procedure Rules.

The process is faster than a standard tenancy eviction because trespassers have no contractual right to be there, but it still has strict procedural steps around service, evidence of ownership, and hearing dates that need to be followed carefully.

Key steps

1. Gather evidence of ownership and occupation. Pull together your title documents from HM Land Registry, photographs of the occupation, dates you became aware of the trespass, and any communications or warnings you have issued. The court will need proof you have the right to possession and a clear account of who is occupying the property, even if you do not know their names.
2. Decide between police intervention and civil action. If the property is residential and being lived in without permission, contact the police and refer to section 144 LASPO 2012. For bare land, commercial premises, or situations involving protest or encampments, the police rarely act, and you will usually need to bring civil proceedings for possession rather than wait for enforcement action.
3. Issue a possession claim against trespassers. File a claim using form N5 along with particulars of claim on form N121 at the County Court covering the property's location. Where occupiers are unknown, the claim can be brought against 'persons unknown'. The court will set a hearing, and service must be effected on the property itself where individual names are not available.
4. Consider an Interim Possession Order where appropriate. For non-residential trespass discovered within 28 days, an Interim Possession Order can compel occupiers to leave within 24 hours of service. Breach is a criminal offence, which gives the police a clear basis to remove people. The procedure is more demanding evidentially, so it suits clear-cut commercial or open-land cases.
5. Enforce the possession order through bailiffs. If occupiers do not leave voluntarily after a possession order, you apply for a warrant of possession in the County Court, or request transfer to the High Court for enforcement by High Court Enforcement Officers using form N293A. High Court enforcement is often faster for larger sites or where further trespass is anticipated, though it costs more.

Common questions