WA Threat of Trespass and repair of property

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


12 June 2019
I live in a strata building and we had a water issue.
We contracted some roofers to fix the issue which involved pulling off the ridge capping of the next doors property, replacing it with wider capping and recessing it into our wall and sealing it to prevent water damage.

The police were called as we didnt inform the neighbour and his daughter was home and she thought the house was being broken into which was the roofers walking on the roof.

Two males came out, saw the roofers and said its fine carry on.
The father got home at 5.30, tore strips off me in a heated argument and then said we were not allowed to access the property in anyway. The roofers then left and we have not been back on the property since.
The job still requires finishing on his wall with rivets to hold the capping in place.

1st question is does this constitute trespass as when asked to leave we did.
Whilst we removed the capping without his permission we have installed new capping of the same kind slightly wider than the original. I believe he has a right to ask for the damage to be repaired which we have.

He is now threatening to engage a builder to remove all of the capping and put capping back on as before and then take legal action to recover costs. He is ranting on about reparation and compensation even though he has suffered no financial loss and the capping is now in place as before.

Have we trespassed and can he remove the capping noting we have installed it already so there is no change and is he entitled to anything else


Well-Known Member
7 June 2019
I don’t see this as trespassing if you were already told from two others to go ahead with it.

So you have two males saying it’s fine, then you have the father calling the police, how confusing for you. You haven’t done any damage, you stopped damage from occurring.