What can I do if someone comes on to my property and I want them to leave?
What can I do if I’m scared the person trespassing will come back?
Who is allowed to give someone a trespass notice?
What can I do if someone comes on to my property and I want them to leave?
If someone is trespassing on your property then you can warn the person they are trespassing, and have to leave. If they don’t leave after the verbal warning then this is an offence, and you can call the Police.
The person trespassing can argue a defence for staying on your property if:
- He or she proves it was necessary to remain because of his or her protection or the protection of someone else
- He or she proves it was because of an emergency involving his or her property, or someone else’s property.
What can I do if I’m scared the person trespassing will come back?
If you think the person who trespassed on your property will come back again, you can issue a trespass notice. You can deliver a warning telling the person to stay off your property by telling them verbally or by sending them a written trespass notice. This means that the person commits an offence if they come back onto your property within the next two years.
Who is allowed to give someone a trespass notice?
You’re allowed to give someone a trespass notice or warning if you’re the “occupier” of the land – if you’re a tenant, licensee or owner of the land.