Land Invasion And Eviction

The legalities of land invasion

A distinction must be drawn between trespassers and unlawful occupiers. Trespassers are persons that have accessed land without the permission of the land owner or person in control of the land.¹ Trespassing is a criminal offence and the land owner or person in control of the land may request that the police remove such person from their property. Land owners or occupiers should not take the law into their own hands and remove the trespassers from their property.

Where a trespasser erects a structure or dwelling with the intention of residing on the property, they are no longer considered to be a trespasser and are now referred to as an "unlawful occupier".