Trespass to Real Property — What to Do and What the Court Examines

What is Trespass to Real Property and Who is Considered a Trespasser?

Trespass to real property is entry into or use of a property that does not belong to you, without the consent of the owner or holder of the legal right. A trespasser is a person or entity that occupies land, an apartment, a shop, an office, or any other property that they do not own or are not authorized to use. Trespass to real property may be a single act, such as breaking into a closed property, or an ongoing phenomenon of land occupation lasting months or years.

Under Israeli property law, trespass to real property constitutes a violation of the owner's or rights holder's property rights and may lead to a civil claim for eviction of the trespasser, compensation for damages caused, and recovery of the use of the property. The court protects ownership and possession rights, and in most cases, owners or rights holders can petition the court to remove a trespasser from their property.

It is important to distinguish between actual trespass (physical entry or land occupation) and disputes over boundaries or the scope of rights. Each case is examined on its own merits, examining the property conditions, land registry records, prior agreements, and evidence presented by the parties. Boundary issues, for example, may be more complex property matters, but if there is clear unauthorized entry or use, it is considered trespass.

Types of Trespass to Real Property — When Does a Claim Arise?

Trespass to real property can manifest in various forms, and each type may lead to a different legal claim:

• Prolonged land occupation: A person or family occupies a property (apartment, house, plot) and lives in or uses it for extended periods without any consent or legal entitlement. This is one of the most common types of trespass and typically leads to court claims.
• Partial trespass: A trespasser uses only part of the property — for example, placing a container or storage facility on part of the plot, extending construction beyond the boundaries, or using a room or balcony in a shared space without consent.
• Trespass to vacant or neglected property: Entering a building or plot that appears vacant or neglected and occupying it as if it were abandoned.
• Boundary expansion: An owner builds beyond the legal boundaries of their property, crosses into a neighbor's property, or uses land that does not belong to them, sometimes inadvertently and sometimes intentionally.
• Trespass after sale or inheritance: A seller or heir fails to vacate the property after ownership is transferred, or continues to use it without the consent of the new owner.

Each type of trespass requires examination of the circumstances, the land registry records, written agreements or witness testimony, and can lead to a slightly different claim in scope and outcome.