We often are aware of the local laws and regulations of our home country. However, this might not be the case once we move abroad. For students living abroad, it is crucial to know about the prevailing rules and regulations of the country. Trespassing laws are one such type of law that students must be aware of.
If you are a student living in the UK, then this blog will help you understand the nuances of the country’s trespassing laws. Before we start, let’s first understand what trespassing is!
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What is Trespassing?
Trespassing is known as ‘tort’ in legal terminology. It means illegally entering another person’s property. Every piece of private land belongs to someone in the UK, if you enter that piece of land without the owner’s permission then it would be considered trespassing. Trespassing can also happen on public property. For example, it is illegal to enter a public park after the operating hours.
Types of Trespass
If you are enjoying your stay in student accommodation in United Kingdom, then you must be aware of various types of trespass. The most common form of trespassing is entering on another person’s property without permission. Some other forms of trespassing include-
- Placing objects on another person’s land.
- Removing land or property from the plaintiff’s land.
- Remaining on someone’s land when permission has expired.
Some other actions under specific circumstances can also be considered as trespassing. For example, if you use someone else’s land for drilling and using minerals beneath the property. Overhanging structures that may take up the space of an adjoining property can also amount to trespassing.
Though international students are careful while living abroad, however, knowing about the intricacies of any law can be very helpful to avoid any unfortunate incident in the future. Keeping this in mind, let’s understand the trespassing laws in the UK.
Also Read: If you are planning to study abroad, then you must read Places to Study Abroad in Europe
What are the Trespassing Laws in the UK?
Trespassing is generally considered a civil wrong. However, in some parts of the UK, certain forms of trespassing such as those involving squatters, raves, and hunt saboteurs are covered under criminal law. Under Sections 61 and 62 of the Criminal Justice and Public Order Act of 1994, trespassing on land and trespassing with vehicles is considered a criminal offence.
Another important law that students must be aware of is the Legal Aid Sentencing and Punishment of Offenders Act 2012. Section 144 of this Act makes squatting on a residential property an offence. The situations that are considered an offence as per this Act include-
- Entering and remaining in the property as a trespasser.
- Knowing that one is acting as a trespasser.
- Living in the building and intending to live there for any period.
What Action Can Be Taken Under the Trespassing Laws?
If anybody is trespassing on a property in the UK, then the police can enter the property to investigate and arrest the offender. The offence of trespassing carries a penalty of up to 51 weeks imprisonment or an additional fine. The owner of the land can also deal with the trespassing by way of injunction.
Further Read: If you are planning to move to the UK, then you must read Cheapest Cities to Live in the UK for International students
FAQs on Trespassing Laws in the UK
The Criminal Justice and Public Order Act of 1994 makes trespassing a criminal offence.
Any kind of interference with somebody else’s land is considered trespassing. For example, throwing stones or materials over neighbouring land can be considered an act of trespassing.
Yes, squatting in a residential building is illegal and can be punished with six months in prison, a fine of GBP 5000, or both.
Trespassing on railway property is considered a criminal offence with a fine of up to GBP 1000. Trespassing on protected sites is also taken as a criminal offence.
Vehicles parked or abandoned on private land can be treated as civil trespass.
This blog was all about the trespassing laws in the UK. For booking the best accommodation abroad to start your study abroad experience you can contact Fly Homes at 1800572118.
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