E. Expulsion and re-entry
If a trespasser enters peaceably, the possessor should first request the trespasser to leave and may then use reasonable force if refused. If the trespasser enters with force and violence, the possessor may remove him without a prior request to leave. The use of force is only permissible if it is no more than is reasonably necessary. Excessive force constitutes a trespass against the person of the individual removed.
A person wrongfully excluded from their land has a common law right to re-enter and reinstate himself. However, this kind of self-help is very limited and risky. It is usually only considered where the property has truly been abandoned and is empty, whereas forcible re-entry into occupied premises may trigger criminal liability.
Self-help measures like expulsion and re-entry are generally discouraged because violent or forcible entry may itself amount to a criminal offence. It is also risky because the person who is put out may later claim that the re-entry was unlawful, that they were harassed, or that their belongings were lost or damaged.
Consequently, legal process via a court order for possession is the safer and preferred route.
