Trespasser Removal Guidance

Trespasser Removal Guidance | Shergroup 

Finding trespassers or squatters on your property is a serious situation that demands prompt, lawful action. This trespasser removal guidance from Shergroup sets out what property owners and occupiers need to know — from the legal framework governing trespass in England and Wales, to the practical steps for removing trespassers from your property safely and efficiently. 

What Is Trespass in England and Wales? 

Trespass is the unlawful entry onto land or premises without the owner’s or occupier’s permission. In England and Wales, trespass is generally a civil matter, not a criminal offence — unless it falls within specific statutory provisions such as those covering aggravated trespass, unauthorised encampments, or squatting in residential buildings. 

Key legal definitions to understand: 

• Trespasser | A person who enters or remains on land or property without permission or lawful authority. 

• Squatter | A person who occupies an unoccupied or abandoned building without lawful title or the owner’s permission. Squatting in a residential building is a criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 

• Aggravated trespass | Trespass combined with an act intended to intimidate, obstruct, or disrupt lawful activity. This is a criminal offence under Section 68 of the Criminal Justice and Public Order Act 1994. 

Important | Trespass on commercial land or agricultural land is a civil matter. However, it can escalate to a criminal matter if the trespassers cause damage, threaten violence, or refuse to leave when directed. 

Can You Physically Remove a Trespasser from Your Property? 

This is one of the most frequently asked questions by property owners dealing with an intrusion. The short answer is: only in very limited circumstances, and with significant legal risk. 

In England and Wales, a landowner or occupier has a common law right to use reasonable force to remove a trespasser. However, ‘reasonable’ is strictly interpreted by courts. If you use excessive force, you may face civil liability or criminal charges — regardless of the trespasser’s behaviour. The safest course of action is always to seek legal enforcement. 

Practical risks of self-help removal: 

• You may face a civil claim for assault or battery if the trespasser is injured 

• If the trespasser has established an ‘occupation’ — even unlawfully — summary eviction without a court order may itself be unlawful 

• Evidence gathered improperly can undermine a subsequent court case 

For most commercial, industrial, and residential property situations, the correct route is formal legal enforcement — either through court proceedings or, where urgency demands, instructing a specialist trespasser removal service. 

Legal Routes for Removing Trespassers from Your Property 

There are several legal mechanisms available depending on the type of property, the nature of the trespass, and the urgency of the situation. 

1. Interim Possession Order (IPO) 

An Interim Possession Order is one of the fastest civil remedies available for removing trespassers from buildings. It can be applied for in the county court and, if granted, requires trespassers to leave the premises within 24 hours. If they fail to do so, it becomes a criminal offence. 

Key facts about an IPO: 

• Must be applied for within 28 days of the applicant first learning of the trespass 

• Only available where the trespassers have not been given any form of consent to occupy 

• Cannot be used to claim damages alongside the IPO application 

• A full possession hearing follows once the IPO has been served 

2. Part 55 Possession Proceedings 

Where an IPO is not suitable — for example, if the 28-day window has passed or the trespasser has been on the land for some time — a landowner can issue a claim for possession under Part 55 of the Civil Procedure Rules. This involves a county court hearing at which the judge considers the evidence. 

Once a possession order is granted, if the trespassers still refuse to leave, enforcement is required. At this stage, the matter can be transferred to the High Court for faster enforcement via a High Court Enforcement Officer (HCEO). 

3. Police Powers for Trespass and Unauthorised Encampments 

The police have powers under several statutes that may be relevant, including: 

• Section 61 of the Criminal Justice and Public Order Act 1994 | Allows police to direct two or more people to leave land if the senior officer believes they are trespassing and have caused damage, used threatening behaviour, or have six or more vehicles on the land. 

• Section 62A | Allows police to direct trespassers to a nearby authorised site if one exists within the area. 

• Section 144, LASPO 2012 | Squatting in a residential building is a criminal offence. Police can arrest without a court order. 

Police powers are discretionary and response times vary. For time-critical situations on commercial or industrial land, civil enforcement through a specialist operator is typically faster and more reliable. 

The Process for Evicting Trespassers and Squatters 

The process for evicting trespassers and squatters in England and Wales follows a defined sequence, though the precise steps depend on the type of property and the legal route chosen. 

1. Assess the situation | Establish who the trespassers are, how long they have been present, and whether any damage or criminal activity has occurred. Gather photographic evidence and document all interactions. 

2. Request the trespassers leave | Issue a clear, written notice requesting that the trespassers vacate the property immediately. Keep a record of the date, time, and method of service. 

3. Contact the police if criminal activity is present | If squatters are in a residential property or criminal behaviour is evident, contact the police. Provide your evidence and request a response under the relevant statutory power. 

4. Instruct a trespasser removal service | For commercial, industrial, or agricultural land, instructing a specialist enforcement operator allows for prompt, controlled removal without the risk of self-help liability. 

5. Apply for a court order | Where trespassers refuse to leave or return after removal, apply for an Interim Possession Order or Part 55 possession claim. Legal advice should be sought at this stage. 

6. Enforce the possession order | Once a court order is obtained, enforcement can proceed. Transferring the order to the High Court allows an HCEO to act, which is generally faster than relying on county court bailiffs. 

Same Day Trespasser Removals | When Speed Matters 

In many cases, property owners cannot afford to wait days or weeks for a court hearing. Trespassers cause ongoing loss — through damage to property, obstruction of business, or reputational harm. Same day trespasser removals are available through specialist enforcement operators where the circumstances meet the legal criteria for immediate civil action. 

Same day removal is typically possible where: 

• The trespass has been discovered recently (within 28 days for an IPO application) 

• The property is commercial, industrial, or agricultural land 

• No prior consent or occupancy arrangement has been given 

• The enforcement operator can attend the site and issue a lawful notice to vacate 

Shergroup’s Trespasser Removal Service provides same day trespasser removals across England and Wales. The team attends site, serves formal notices, and coordinates removal — managing the process so property owners do not have to. 

High Court Enforcement for Trespasser Removal 

When a possession order has been obtained and the trespassers still refuse to leave, or when a commercial landlord needs to act decisively, High Court Enforcement offers a faster and more authoritative enforcement option than county court bailiffs. 

High Court Enforcement Officers (HCEOs) carry the authority of the court and can attend properties, serve documents, and enforce possession orders with legal standing. They operate under a writ of possession issued by the High Court. 

Shergroup’s High Court Enforcement Solutions cover the full range of commercial enforcement needs. Where rent arrears are also in dispute — for example, on a commercial tenancy — a separate County Court Judgment (CCJ) transfer may be required to recover the debt. 

Trespasser Removal for Commercial Landlords 

Commercial landlords face specific risks when unauthorised occupiers take hold of vacant or partially occupied premises. Unlike residential tenancies, there is no fixed eviction notice period for trespassers on commercial land — but the law still requires that removal is handled through the correct legal channel to avoid liability. 

For commercial landlords, the removal process works best when managed by an enforcement specialist who can attend promptly, serve the necessary legal notices, and coordinate with the police or court if resistance is encountered. 

For commercial rent recovery alongside possession, see Shergroup’s guidance on CRAR for commercial landlords — a legal mechanism that allows enforcement action for unpaid rent without the need for a court order in qualifying circumstances. 

After Removal | Securing Your Property Against Return 

Removing trespassers is only part of the solution. Without adequate security measures, the same or different trespassers may return — particularly to vacant or isolated properties. 

Practical steps to protect your property after removal: 

• Change locks and secure all points of entry immediately 

• Install CCTV and motion-triggered lighting 

• Consider temporary security fencing or hoarding for vacant sites 

• Post clear signage stating the property is private land and unauthorised entry is prohibited 

• Engage a property guardian service for longer-term vacant properties 

• Notify your insurer and confirm that your policy remains valid following the trespass 

Shergroup Enforcement in Action 

Shergroup has operated as a High Court Enforcement company for over two decades. The firm handles enforcement cases across England and Wales, working with commercial landlords, property investors, local authorities, and legal professionals. 

To see enforcement in practice, watch Shergroup’s documentary series: Call the Bailiffs: Time to Pay Up — Episode 1 and Episode 6 — which document real enforcement scenarios handled by Shergroup’s teams. 

Summing Up 

Trespass situations range from brief intrusions to entrenched occupations that seriously disrupt business and property management. The law provides clear routes for removal — but the right approach depends on how quickly the situation is identified, what type of property is involved, and whether the trespassers resist. 

Acting quickly and lawfully is essential. Attempting to remove trespassers without following the proper process can expose property owners to legal liability and delay the resolution. Whether you need same day trespasser removals or support navigating the court process, Shergroup provides expert trespasser removal services backed by decades of enforcement experience. 

Contact Shergroup for Trespasser Removal Assistance 

If you have trespassers or squatters on your property and need to act now, contact Shergroup’s enforcement team. 

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Frequently Asked Questions 

Can you physically remove a trespasser from your property? 

In England and Wales, a landowner has a common law right to use reasonable force to remove a trespasser. However, ‘reasonable’ is narrowly defined by courts, and using excessive force can result in civil liability or criminal charges. In most cases, it is safer and more effective to instruct a specialist enforcement operator or apply for a court order rather than attempting physical removal personally. 

How quickly can trespassers be removed from a commercial property? 

Same day trespasser removals are possible on commercial, industrial, and agricultural land when the trespass is recent and no consent has been given. A specialist trespasser removal service can attend site, issue a formal notice to vacate, and manage the removal without waiting for a court hearing. If trespassers refuse to leave, an Interim Possession Order can be obtained from the county court and typically requires the trespassers to leave within 24 hours. 

Is squatting illegal in the UK? 

Squatting in a residential building is a criminal offence in England and Wales under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. A person found guilty can face imprisonment of up to six months, a fine of up to £5,000, or both. Squatting on commercial or agricultural land remains a civil matter, though it can escalate to a criminal matter if criminal damage or aggravated trespass occurs. 

What is the difference between a trespasser and a squatter? 

A trespasser enters or remains on land or property without permission, but does not necessarily occupy it. A squatter specifically occupies an unoccupied building or structure — taking up residence without any legal right or the owner’s consent. The distinction matters legally because squatting in residential buildings carries criminal penalties, whereas trespass on land is typically a civil matter unless it involves damage or aggravated behaviour. 

What is an Interim Possession Order and how does it work? 

An Interim Possession Order (IPO) is a fast-track court remedy that requires trespassers to vacate a property within 24 hours of service. It is available through the county court and must be applied for within 28 days of the owner first discovering the trespass. If trespassers fail to comply, it becomes a criminal offence. An IPO is one of the most effective tools for prompt removal of trespassers from buildings without a full possession hearing. 

Can the police remove trespassers? 

Police have discretionary powers to remove trespassers in certain circumstances — for example, under Section 61 of the Criminal Justice and Public Order Act 1994 for groups on land, or where squatters are in a residential building under the LASPO 2012. However, police attendance is not guaranteed and is often delayed. For commercial or agricultural land, civil enforcement through a specialist trespasser removal service is typically faster and more controlled.