Prohibition of Forcible Entry and Occupation Act, 1971

Interpretation.

1.—(1) In this Act—

“forcibly” means using or threatening to use force in relation to person or property, and for this purpose participation in action or conduct with others in numbers or circumstances calculated to prevent by intimidation the exercise by any person of his rights in relation to any property shall constitute a threat to use force, and “forcible” shall be construed accordingly;

“land” includes—

(a) messuages and tenements of any tenure,

(b) land covered by water,

(c) houses or other buildings or structures whatsoever (including caravans and mobile homes) and parts of any such houses, buildings or structures whether divided vertically, horizontally or otherwise,

(d) incorporeal hereditaments of any tenure;

“owner”, in relation to land, includes the lawful occupier, every person lawfully entitled to the immediate use and enjoyment of unoccupied land, any person having an estate or interest in land (including a person who remains in occupation of land after the determination of his tenancy therein), the owner of the servient tenement (in relation to an easement or profit á prendre), the owner of an easement or profit á prendre (in relation to the servient tenement) and, in relation to land or a vehicle, any person acting on behalf of the owner, and “ownership” shall be construed accordingly;

“vehicle” means an aircraft not in flight, a train, an omnibus or a boat, ship or other vessel in any port or harbour, or on any river or lake, in the State or anywhere in territorial waters.

(2) The doing of an act, which, if done by the owner of an incorporeal hereditament, would be an exercise of a right that is the subject of or attached to the hereditament shall, for the purposes of this Act, be deemed, in relation to the hereditament, to constitute an entry and an occupation of land.

(3) Nothing in this Act shall apply to an entry or an occupation of land or a vehicle in the exercise of lawful authority or with the permission of the owner.

(4) Nothing in this Act shall affect the law relating to acts done in contemplation or furtherance of a trade dispute within the meaning of the Trade Disputes Act, 1906.

(5) Nothing in this Act shall be regarded as conferring on any person any right to entry or occupation of land which did not exist immediately before the commencement of this Act.