Some of our readers have been having issues with unwanted parties venturing onto their properties.

In essence, trespass can occur when a person enters onto, or remains on, someone else’s property without the lawful occupier’s consent. 

A person has an implied right to enter another’s property if they are doing so for a bona fide purpose, the propertyis accessible and there are no signs prohibiting entry.  However, that implied right ceases once theperson has been asked by the landowner to leave and if the person doesn’t then leave, trespass commences at that point.

Landowners owe duties of care to those who enter upon their land, even to trespassers. Although it may be reasonable to surround a particular property with barbed wire or spiked railings, it would be unreasonable to lay traps for trespassers, or to fail to warn of hazards which may not be foreseen by people unfamiliar with the property.

Trespass can have consequences under thecriminal law, and can also be the subject of civil legal action.

Under the Summary Offences Act 2005 (Qld), “a person must not unlawfullyenter, or remain in, a dwelling or the yard of a dwelling.” The maximum penalty for trespass is $2,000 or one year’s imprisonment.  For a successful action through the civillegal system, the landowner must establish that they are in possession of the land and that the trespasser directly interfered with their land.  

If you are experiencing problems with people coming onto your property, the steps you could take depend on the nature or gravity of the trespass.  You can start by placing signs at visible places on your boundaries stating that trespassing is prohibited.  If, despite the signs, people continue to trespass onto the property, the trespassers should initially be asked to leave.  If,after a reasonable period of time the trespassers still have not left, the assistance of the police should be sought to remove them.

If the trespass is occurring on a regular basis, or the trespass is of a nature which is causing loss or damage, you can take civil legal action against the trespassers.  If there is no actual damage to property, the damages awarded would be minimal. However, you could also apply to the court for an injunction prohibiting the persons concerned from entering onto your property.