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ARTICLE · 12 JULY 2023

Injunction Enforceable Or Unenforceable – That Is The Question?

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Back in the day a trespasser was someone who either entered someone else's land without permission and tended to be participating in a quite solitary pursuit which was likely to resolve...

United KingdomLitigation, Mediation & Arbitration

Back in the day a trespasser was someone who either entered someone else's land without permission and tended to be participating in a quite solitary pursuit which was likely to resolve itself as the trespasser moved on to other land or a neighbour seeking to increase the size of their holding by stealth. In more recent times trespassing has become a more dramatic and more determined endeavour. The two best examples of the more committed and resolute trespasser, which tend to cause not inconsiderable anxiety and significant costs for clients, are the protesters taking over land and advancing a cause and persons unknown often using land to dump waste for commercial gain.

Although the act of trespassing is the same as if it were carried out by any other person or persons on land without permission, the protester and dumpster have proven a more difficult adversary when it comes to recovering physical possession.

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