A. Common scenarios
(i) Visitor who refuses to leave a flat
A guest is invited into a flat. After an argument, the occupier tells the guest to leave, but the guest stays inside the unit. Once permission is revoked and the guest does not leave within a reasonable time, the continued presence may become trespass.
(ii) Wrongful lockout from a unit
A person with exclusive possession of a premises is locked out by someone changing the lock or physically preventing access. Interfering with the occupier’s possession or excluding them from entry can amount to trespass.
(iii) Drilling into a neighbouring wall
A shop owner drills nails or brackets into the wall of the next premises to support signage or wiring. Fixing items to another’s property is a classic form of trespass.
(iv) Unauthorised use of a private parking space
A delivery driver parks in a private parking bay in a residential tower without consent. Entry onto the space, or leaving the vehicle there, may be trespass.
(v) Cables crossing into another’s airspace
A telecom or electrical cable is run so that it passes through the airspace needed for ordinary use of neighbouring premises. This may amount to trespass.
(vi) Unauthorised pipe-laying under another property
During redevelopment, a contractor lays pipes beneath neighbouring land without authority. Unauthorised interference in the subsoil can be trespass.
(vii) Tenant remains after lease ends
A tenant stays on after the tenancy has determined. Once the right of occupation expires, the continued stay may amount to trespass.
