NSW Brother/equal owner of property will not leave house. What are my rights? Is he trespassing?

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23 July 2018
My three siblings and I inherited our dad’s house last year and I have been living here as a sole occupant since shortly before his death.

My older brother has a drug addiction and one morning about a month or so ago I walked out the front door to find him sitting there claiming to have nowhere to go. I have been letting him stay under the proviso that it is only temporary and he must organise rehab immediately. That has not happened and without going into the details, he has run out of chances.

I have told him in no uncertain terms yesterday and today that he must leave yet he is still sitting outside the house right now. I didn’t sleep last night as I knew he was lurking around outside and worried he might try to break in.

I feel like I’m being terrorised and a prisoner in my own home. I haven’t left the house in 2 days, I’m afraid if I leave he will be more likely to try to break in. I also have a feeling he may try to stay in the back shed. I can’t have him creeping around at night i need him off the property.

Please somebody help. What are my options? I am desperate. Is this trespassing?


Well-Known Member
28 May 2018
You could try getting a restraining order. That should see him not allowed to visit the house, you need to prove he is a danger/threat though.