Is trespassing a criminal offence in the UK?

No, in most cases trespass is a civil matter, not a criminal offence. Police generally won't force you to leave private land unless you're causing a disturbance, committing an actual crime, or intending to occupy the land. However, certain types of trespass—like railway lines or military land—do carry criminal penalties.

What should I say when a farmer tells me I'm trespassing?

Stay calm and polite. A simple "I'm sorry, I thought this was a public footpath" is a good starting point. Check your map properly before insisting you're in the right, and if you've made a mistake, just apologise and leave.

Can I stay on a footpath if the landowner says I'm trespassing but I know I'm right?

Yes, if you're confident you're on a legal right of way shown on your OS map, you can politely explain your position and stay. That said, if someone's being aggressive or threatening, it's safer to leave and report the obstruction to your local council's rights of way officer afterward.

Respect the Countryside

What to Actually Do When a Farmer Tells You You're Trespassing

Sometimes you are trespassing, sometimes the path is legitimately diverted, and sometimes farmers are simply wrong about where rights of way run. How you respond determines whether it becomes a polite correction or a police matter, and knowing the law helps more than getting defensive.

5 August 20268 min read