NSW How can i stop nieghbours trespassing on my land

[David Mclean]

My ex wife's house was destroyed by and land slide in March 2019 . The land is still very unstable and the remains of house and shed are in a very dangerous and hazardous condition . I have informed the surrounding neighbours and relevant authorities of the clear and present danger of entering the property . She still has people in the community that insist on using the property as a through fare to save time walking to the public easement . Her insurance was paid out and public liability has finished and she is worried that these trespasses could injure themselves and sue her for damages .I have placed No Trespass signs on property and these are being disregarded . She is considering putting in cameras and taking the images to police ?? Should she get her lawyer to send the offenders a letter to reframe from trespassing . Any Ideas ..Thanks Dave

 

[Scruff]

Signs and cameras won't cut it when it comes to being held liable for the stupidity of others.

She needs to keep people out in the first place - and the only thing I can see working here is a six or eight foot cyclone fence around the whole property (like you see at construction and/or demolition sites).

If idiots climb over it and get hurt, then at least she can argue that she took reasonable steps to keep people out. She doesn't have that argument without a proper fence and locked gates. Also, a fully surrounding fence and gates removes any doubt that the property is subject to the NSW Inclosed Lands Protection Act 1901.

 

[Rob Legat - SBPL]

I agree with Scruff, and add that even doing that may not be sufficient to escape liability. Knowing the property is dangerous places an obligation on the owner to remove the danger to the extent reasonably possible. If there’s no reason why the site must be left in its current state, then remediation steps should be taken to limit further damage and remove the risk of injury.

 

[David Mclean]

Signs and cameras won't cut it when it comes to being held liable for the stupidity of others.

She needs to keep people out in the first place - and the only thing I can see working here is a six or eight foot cyclone fence around the whole property (like you see at construction and/or demolition sites).

If idiots climb over it and get hurt, then at least she can argue that she took reasonable steps to keep people out. She doesn't have that argument without a proper fence and locked gates. Also, a fully surrounding fence and gates removes any doubt that the property is subject to the NSW Inclosed Lands Protection Act 1901.

Thanks so much for your reply . In the present circumstances its virtually impossible to fence the entire property owing to the terrain and the amount of boulders and trees on the property . She as advice from council not to be on property owing to ongoing danger of further land slides and associated risks . Im trying to get an appointment with lawyers today and was hoping he may be able to draft a letter to the offenders to stop their trespassing . I have a lot of pool fencing panels that could be erected temporally . Have approached Gosford police about this problem and have informed them of the situation and was told if I can show (camera or video evidence of trespass they will come up to talk to offenders ) .Being a water access only property the logistics of them visiting is not easy as it means coming and going by water police .
Thanks for taking time to reply to my question it is much appreciated . Cheers David

 

[David Mclean]

I agree with Scruff, and add that even doing that may not be sufficient to escape liability. Knowing the property is dangerous places an obligation on the owner to remove the danger to the extent reasonably possible. If there’s no reason why the site must be left in its current state, then remediation steps should be taken to limit further damage and remove the risk of injury.

Good evening Rob ,Thanks for advice .The reason that remediation of the site hasn't begun is the advice from council that owing to the danger of more rock falls they believe that the property is unsafe to be on .This is also backed up by a report from a Geotechnical engineer . She is trying to get council to step in and solve the present situation as the landslide came from a cliff that is not on her section of land . This makes it unsafe for anyone to be on the property as there is a good chance that the rest of the cliff may collapse . This cliff face really makes it unsafe for all her neighbours as well . There have been numerous rock slides over the years but this one was a really big one . She put in a freedom of information to council as to why they approved a subdivision in such a hazardous area . Guess she will have to wait and see what council has to offer in the way off a solution . Thanks Dave

 

[Rod]

As well as no trespass signs, put up signs at common entry points saying "danger, falling rocks, landslides, entry prohibited". Again doesn't eliminate liability but can reduce it.

I'd also be inquiring about getting public liability insurance.