Oversailing and trespass

Trespass of land is an area of law that has particular relevance to building surveyors in the context of building works. The erection of certain structures can be problematic and the building surveyor may find themselves bringing, defending or resolving a claim of trespass of land caused by tower cranes, scaffold or other building equipment oversailing into adjoining land. This section considers the law of trespass to land generally and looks more particularly at trespass to land in the context of building works.

A number of practical steps are outlined that will aid the building surveyor to bring an action for trespass. The section also details a number of ways to remedy a claim.

This section is maintained by Rob French FRICS of Delva Patman Redler LLP.

RICS standards and guidance: Boundaries: procedures for boundary identification, demarcation and dispute resolution, RICS guidance note

Feature: Boundaries: protocol for dealing with disputes

Feature: Boundary disputes: unbiased work