In the second of a two-part series on possession claims, Gavin Bennison considers occupation of part
- Where trespassers occupy part, but not all, of the land within a claimant’s title, the claimant may claim possession of either the entire site or of the occupied part only.
- There are practical considerations and advantages of either option which must be borne in mind.
A previous article considered when and how practitioners bringing possession claims against trespassers in the county court under CPR Pt 55 might go about seeking injunctive relief in addition to a possession order (see ‘Possession claims against trespassers—injunctions’, NLJ , 9 February 2018, p13). This article considers two further questions which commonly arise in such cases, particularly in cases concerning trespass on large or open areas of land:
- What is the appropriate course of action where the trespass has occurred onto part, but not all, of the area comprised within the claimant’s title?
- If there are others lawfully in occupation of other parts of the land comprised in the claimant’s title, in addition to the trespassers, how does one obtain
