Trespass & Nuisance:

The law of trespass is available to anyone who is an ‘occupier’. Many clients often ask whether an ‘occupier’ is the owner of the property, the simple answer is not necessarily. Under the law of trespass, if someone enters a property that you ‘occupy’ without permission you can ask them to leave. If they refuse to leave the property at your request, they are trespassing and you may use reasonable force to remove them. If you use more than reasonable force however, you may be criminally charged for assault, and/or sued by the trespasser for damages in the civil system.

Nuisance occurs where there is an unintentional but continual activity that causes damage and interferes with the normal enjoyment of your property. For there to be an action in nuisance actual damage must eventuate as a direct result of the nuisance.

The law of nuisance can be quite complex in that you can sue for compensation for damage caused by the nuisance or apply for an injunction but, like trespass, the costs associated with litigation may far outweigh and be disproportionate to the actual damage caused as a result of nuisance.

At Navado we always advise our clients where other alternatives to resolve your dispute should be considered. We endeavour to protect our clients' commercial and or individual interests and are able to offer our clients a wide range of services concerning various disciplines of law that may protect your rights against trespassers.

If you require assistance regarding Trespass and or Nuisance, you should make an appointment to see one of our solicitors. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au to arrange a consultation. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.