NSW Trespass

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Jaywoo220

Well-Known Member
11 November 2019
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If I am living with my parents and people come onto their property making threats and I tell them to leave and they dont straight away, am I:

a.) entitled to tell them to leave as not the owner?

b.) considered an occupier under the law?

c.) entitled to personally sue them for trespass?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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a) yes
b) yes
c) possibly.

The circumstances around them being there make a difference (eg. invited around by parents)
 

Jaywoo220

Well-Known Member
11 November 2019
91
1
289
Hi Rod,

Not invited at all as parents had never met him. It was 6:30 am in the morning. He threatened to kill me in front of them.

Is trespass a common law tort? I understand criminal law is the enclaoed lands act.

Thanks
 

Jaywoo220

Well-Known Member
11 November 2019
91
1
289
Thanks Rod. In regards to occupier, is there any case law you could direct me to which shows I would be considered an 'occupier 'unther the common law.
 

Atticus

Well-Known Member
6 February 2019
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He threatened to kill me in front of them.
A threat to kill (in the context you describe) is a criminal offence... If your aim is to have this person held to some account, why bother with anything else apart from just reporting the offense to police, you have witnesses after all
 

Atticus

Well-Known Member
6 February 2019
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Police do nothing. That is why.
I get that police like to avoid anything they can easily lump into the 'civil matter' pigeon hole, but this is a criminal offense, AND you have witnesses, Don't you?

In that case it's going to be difficult for them to avoid taking some action to investigate the allegation.... Suggest you try, certainly more likley to get a result than a civil action for trespass
 

Atticus

Well-Known Member
6 February 2019
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why do you think the civil action for trespass is limited.
I didn't say it was limited ... I said you are much more likley to get a result by taking the complaint to the police (as you have witnesses to the threat), however, leaving it too long before reporting it won't help you.

Just based on the scant detail you've provided, I wouldn't personally pursue a civil action for trespass, but that's up to you... If you fail you may be up for some costs... Don't know what damages you intend to claim from the trespass but again, given the little detail you've provided, I can't see how it would be worth risking costs
 
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