When people think of the term ‘trespass’, the criminal offence often comes to mind. However, trespass can also be civil in nature. The issue of civil trespass can arise in myriad ways but generally arises when someone does one of the following:
- Enters upon the property of another without authorisation;
- Deliberately sends or causes an object to be placed upon the property of another without authorisation.
The common test to determine if trespass has occurred is if there has been a deliberate intention to enter another person’s property. The holder of the land does not need to be the registered owner – just the lawful occupier of the land.
Often, the first step in a trespass matter is to have your solicitors send correspondence to the trespasser. In many circumstances, this letter will result in the matter being resolved.
If the trespass continues, the lawful occupier may apply to the Court for an injunctive relief – that is an order for the trespasser to cease. If court proceedings are required, legal costs may be claimable against the trespasser in order to compensate you for the expense incurred.
If you are not sure whether a person is trespassing or what legal options may be available to you, speak to one of our Property and Conveyance lawyers who can provide you with advice on your options and likely prospects of success.