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Trespass Laws

When people think of the term ‘trespass’, the criminal offence often comes to mind. However, trespass can also be civil in nature.

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Legal Action for Tresspassing

Correspondence

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.

Application to court for an injunctive relief

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.

Legal Costs

If court proceedings are required, legal costs may be claimable against the trespasser in order to compensate you for the expense incurred.

Frequently asked questions

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:
  1. Enters upon the property of another without authorisation;
  2. 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.

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We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We are experts in all trespass issues and enforcement.

We can help you with trespass issues no matter which side of the fence you’re on.

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