Q&As

What’s the limitation period for a trespass to land, and does limitation start from the date a continuing trespass began or does it renew each day?

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Published on: 22 August 2022
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A claim of trespass to land is barred by lapse of the statutory period of limitation, which, except in certain specified cases, is six years from the accrual of the cause of action under section 2 of the Limitation Act 1980 (LA 1980) which provides that: ‘an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued’. See Commentary: Expiration of limitation period as defence to trespass to land: Halsbury's Laws of England [185].

It should also be noted that in relation to:

  1. •

    unregistered land, a person may, however, bring an action to recover unregistered land wrongfully

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Jurisdiction(s):
United Kingdom

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