Civil Trespassing Lawyers Sydney

Trespassing laws can be challenging, and understanding the intricacies of trespassing laws in NSW is important for protecting your business interests.

Dealing with unlawful entry or someone accused of trespassing? Stephen Wawn & Associates specialises in navigating the complex terrain of civil trespassing, offering unparalleled legal expertise and advocacy.

 

What is Trespassing?

As per Section 4 of the Trespass to Property Act, trespassing is the unlawful entry onto someone else’s land or property without permission. It can happen in residential and commercial spaces, and depending on the circumstances, it may lead to civil or criminal legal consequences.

Laws and Acts that Apply to Trespassing

In NSW, property owners have legal rights to remove trespassers and seek compensation for damages or disruptions caused by unlawful entry.

 

Legislation	Description
Access to Neighboring Land Act 2000	Upon application to the Local Court, a person can enter another person’s property with an order allowing entry onto neighbouring land.
Conveyancing Act 1919	This document outlines the requirements for creating, modifying, and terminating easements. An easement grants the right to use a portion of someone else’s land, such as a right of way through a neighbour’s property.
Crimes Act 1900	Breaking into a residential house or any other building to commit an indictable offence is punishable. The law imposes a minimum or maximum penalty for such violation, which may include imprisonment for up to 14 years.
Dividing Fences Act 1991	It aims to regulate neighbours’ responsibilities towards dividing fences and helps settle disputes without further escalation.
Inclosed Lands Protection Act 1901	Punishes any person for unlawful entry and offensive conduct on fenced property.
Summary Offences Act 1988	It is illegal to enter or remain on someone’s property without permission except for lawful reasons.
Section 4 of the Inclosed Lands Protection Act	If someone enters your property to deliver a package or visit you, they are not committing a crime. However, if the owner or resident of the property asks them to leave, they are legally obligated to do so. It is considered unlawful for them to remain on the property after being asked to leave.
Crimes Act 1900 (Specific Acts)	Section 110: Breaking, entering, and assaulting with intent to murder. Sections 111 and 112: Breaking a dwelling house intending to commit a serious indictable offence. Section 113: Breaking, entering, and committing a serious indictable offence.

 

What’s the Punishment for Trespassing in Australia?

Legislation	Punishments for Violation
Break with Intent to Murder (Section 110)	Offenders face a potential penalty of 25 years of imprisonment. This charge applies when an individual unlawfully enters a dwelling house with the intent to commit an assault, either to murder or inflict grievous bodily harm.
Enter Dwelling House with Intent to Commit an Indictable Offense (Section 111)	The maximum penalty for this offence is 10 years of imprisonment. This charge applies when an individual enters a dwelling house intending to commit an indictable offence.
Enter Dwelling House and Commit a Serious Indictable Offense (Section 112)	Offenders may face a maximum penalty of 14 years of imprisonment. This charge pertains to individuals who enter a dwelling house and subsequently commit a serious indictable offence.
Enter Dwelling House with Intent to Commit a Serious Indictable Offense (Section 113)	The maximum penalty for this offence is 14 years of imprisonment. This charge is invoked when an individual enters a dwelling house intending to commit a serious indictable offence.

How to Charge Someone With Trespassing in NSW

A trespassing lawyer can guide you through this process and handle your case correctly.

If someone has unlawfully entered your property or refused to leave, the following are legal options to hold them accountable:

• Document the trespassing. Gather evidence such as photos, videos, and witness statements.
• Issue a formal warning. A written notice can be sent to the trespasser to leave the property.
• Contact authorities. In cases of criminal trespassing, report the matter to the police immediately.
• Seek a legal order. A civil action may involve an injunction to prevent further trespassing.

Defenses Against Trespassing Charges

Each case is unique, and legal representation is important for a strong defense. If you believe you have been wrongfully accused of trespassing on private property, possible legal defenses include:

• Consent: If you had permission to be on the property, it may not constitute trespassing.
• Mistaken Identity: Charges may be dismissed if you were wrongly identified as the trespasser.
• Emergency Situations: Entering a property to prevent harm (e.g., assisting in an accident) may be a valid defense.
• Public Right of Way: Some areas allow lawful passage under specific conditions.

 

Are You Looking for Someone to Help? Speak to a Trespassing Lawyer

At Stephen Wawn & Associates, our experienced trespassing lawyers can:

• Assist property owners in removing trespassers and taking legal action.
• Defend individuals against unfair trespassing charges.
• Guide businesses on protecting their properties from unlawful entry.
• Represent clients in civil and criminal court proceedings.

Whether you’re protecting your property rights, defending against trespassing claims, or are curious about our other areas of expertise, contact us for legal assistance.