Well if what he said is correct, it was behind the mans gate. This would mean he is still on the mans land, as the whole outer bit of the field belongs to him.
Not necessarily, you have to be very careful saying things like that, because without looking at the deeds of the land very carefully to see where the official boundaries of the land are, in relation to any fences, gates, hedges etc, you could easily find that the boundary ends at the hedge/fence/gate etc and the area of land between that boundary and the road is actually public land, and part of the public highway so Phate would have every right to stand there all day long doing whatever he wishes to.