According to the TPA, who bears the burden of proof regarding permission on a property?

The correct answer is that the burden of proof regarding permission on a property lies with the defendant. In legal terms, particularly under the Trespass to Property Act (TPA), the defendant is typically responsible for providing evidence to establish that they had permission to be on the property in question. This places the onus on individuals who are accused of trespassing to demonstrate their lawful presence, rather than requiring the occupier or property owner to prove that permission was not granted.

This legal principle is essential because it helps expedite legal proceedings and clarifies the responsibilities of parties when a dispute arises over property access or trespass. Since the occupier already has the right to control access to their property, the law allows them to assume a level of ownership and authority that does not require them to prove lack of consent unless challenged by the defendant's claims.