What is the legal remedy for illegal occupation of property?

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Trespass is where someone illegally gains entry to and occupies the property that legally belongs to someone else, against their will. Trespass in case of property can be both civil and criminal. Criminal trespass is where the occupier threatens the owner of the property or commits violence. Where criminal trespass does not apply, it is civil trespass and comes under tort law.

Tort means a civil wrong, i.e. where a person harms or violates the civil rights of another. In this case, the wronged person can file a court case on the other for compensation for damages and losses incurred by the wronged person.

In case of illegal occupation of property, actions such as building unauthorized construction on another’s land or property, denying someone access to their own property, for example by installing locks or gates, would come under the definition of trespass and would fall under tort law. Hence, the owners of such property can claim recovery of damages from the occupier. The same holds where a neighbor builds fences, gates or other construction that encroaches one’s property.

However, as mentioned above, if the illegal occupation is accompanied by threats or violence by the occupier, it would fall under the category of criminal trespass and a police complaint can be filed.

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