The new mobile app Pokémon Go has become contagious, capturing the public's imagination.
But a specialist in real estate and agricultural law has warned that players could find themselves breaking trespass laws.
Head of the Agricultural and Landed Estates team at Midlands law firm Lodders, James Spreckley, explains: "Pokémon Go players could well be venturing onto private land and in turn be liable for an accidental trespass."
Pokémon Go uses a technique called ‘augmented reality’ to allow players to use their smartphones to hunt and capture cartoon monsters or Pokémon characters in the real world.
Some businesses are using the game to their advantage by dropping ‘lures’ within their business, which are in-game items which attract Pokémon and in turn, crowds of people to their business.
"For farmers and landowners the situation is likely to be very different with a risk for both the landowner and the trespasser should someone venture onto their land," says James.
"The Country Land and Business Association (CLA) has already received several reports from its members of players trespassing while using their smartphones to play the game.
"Pokémon Go players are warned to stay away from farms and private land. Not only could players be injured by livestock or machinery, they could also face a claim for trespass and even criminal charges."
Negligent or accidental trespass
James explains that negligent or accidental trespass can incur liability, as well as intentional trespass: "Negligent or accidental trespass can incur liability, as well as intentional trespass.
"Trespass to land involves an ‘unjustifiable interference with land which is in the immediate and exclusive possession of another’.
"Interference to the land covers physical entry as well as the abuse of a right of entry however, and the slightest crossing of the boundary into someone’s land is sufficient to result in a trespass.
"Trespass will be a problem for landowners particularly if this leads to damage or disturbance to crops or livestock, to nature reserves and land set aside for environmental work or where agricultural machinery is at work on the land."
The advice to landowners is clear: "If you are a landowner, then civil trespass is usually actionable in the courts, however, the costs and time involved could be significant and possibly disproportionate," says James.
"If a civil claim is successfully brought, you may be able seek damages or an injunction, or both.
"In practice, damages are likely to be awarded only in cases where there is physical damage caused or where the landowner is deprived of his use of the land. In certain circumstances, criminal charges can be brought against a trespasser.
"Perhaps the bigger risk for a landowner though lies in an uninvited trespasser being injured whilst on their land particularly if there have been regular ‘trespasses’ by gamers, and then making a claim against them.
"This is because a landowner owes some duty of care even to trespassers even though they may are, by definition, uninvited.
"That duty can vary depending upon the age and frequency of the trespassers too. It is therefore vitally important to minimise that risk."
