WA Trespass by Person Taking Advantage of Elderly Uncle?

Hi AndrewC,

From what you have said, it sounds as though your uncle gave permission for this man to move into his house, but now that permission has been revoked but the man refuses to leave. This may amount to trespass at law as you suspect.

For there to be trespass you need to prove there is an "interference" with land or property (which would be satisfied by the man residing there) that is unauthorised. Entering or staying on land that is possessed by another is legal while it is one with the permission of the owner. If the person does not leave within a reasonable time of your uncle revoking his consent for him to be there he could be liable for trespass.

Trespass is a common law action, so your uncle would need to apply to the court for orders for him to leave the premises. He may also be entitled to nominal compensation even if no damage has been caused.

Alternatively, you could probably contact the police to deal it. Under section 70A of the Criminal Code Act Compilation (WA) it is a crime to enter a private place without express authority or to refuse to leave a private place after being given warning and without lawful excuse.