When people think of the term ‘Trespass’ they normally think of a criminal offence which is reported to police. However, trespass can also be civil in nature. The issue of civil trespass can arise in a myriad of ways but most commonly arises when someone does one of the following:
- Comes on to a property and does not leave despite being asked to leave;
- A person deliberately sends an object or animal onto another person’s property
The key to determining if a trespass has occurred relates to a deliberate intention to enter another person’s property. The other person does not have to own the property but just needs to be the lawful occupier of the land.
If a person is being subjected to Trespass, then the first option is to write a cease and desist letter. In most circumstances, this letter will result in the matter being resolved.
If the Trespass continues then the lawful occupier may apply to the Court for an order for the trespass to stop. If court proceedings are required, then your legal costs would be sought against the trespasser in order to compensate you for your out of pocket expenses.
If you are not sure if a person is Trespassing or what legal options you have available to you, then speak to one of our lawyers who can provide you with advice on your options and likely prospects of success.