Tresspassing

Trespassing Laws NSW: Your Complete Guide

Trespassing laws can be challenging, and understanding the intricacies of trespassing laws in NSW is crucial for protecting your business interests. At Stephen Wawn & Associates, we specialise in navigating the complex terrain of civil trespassing, offering unparalleled legal expertise and advocacy.

What Are Trespassing Laws in NSW?

Let’s start with the trespass definition: As per Section 4 of the Trespass to Property Act, unauthorised entry onto another person’s land or property constitutes trespassing, whether in a commercial establishment, residential area, or other private premises.
Civil Trespassing involves intruding on another’s property without permission, leading to potential harm, interference, or damage.
Simply put, if you are an “occupier”, you can enact the law of trespass upon whoever enters your property without your permission.

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Look at our summary of the laws and acts that apply to trespassing:

All legislation can be found here

Legislation	Description
*Access to Neighboring Land Act 2000*	Upon application to the Local Court, a person can enter another person’s property with an order allowing entry onto neighbouring land.
*Conveyancing Act 1919*	This document outlines the requirements for creating, modifying, and terminating easements. An easement grants the right to use a portion of someone else’s land, such as a right of way through a neighbour’s property.
*Crimes Act 1900*	Breaking into a residential house or any other building to commit an indictable offence is punishable. The law imposes a minimum or maximum penalty for such violation, which may include imprisonment for up to 14 years.
*Dividing Fences Act 1991*	It aims to regulate neighbours’ responsibilities towards dividing fences and helps settle disputes without further escalation.
*Inclosed Lands Protection Act 1901*	Punishes any person for unlawful entry and offensive conduct on fenced property.
*Summary Offences Act 1988*	It is illegal to enter or remain on someone’s property without permission except for lawful reasons.
*Section 4 of the Inclosed Lands Protection Act:*	If someone enters your property to deliver a package or visit you, they are not committing a crime. However, if the owner or resident of the property asks them to leave, they are legally obligated to do so. It is considered unlawful for them to remain on the property after being asked to leave.
*Crimes Act 1900 (Specific Acts)*	*Section 110:* Breaking, entering, and assaulting with intent to murder. *Sections 111 and 112:* Breaking a dwelling house intending to commit a serious indictable offence. *Section 113:* Breaking, entering, and committing a serious indictable offence.

What’s The Punishment for Trespassing in Australia?

1. Break with Intent to Murder (Section 110):

Offenders face a potential penalty of twenty-five years of imprisonment.
This charge applies when an individual unlawfully enters a dwelling house with the intent to commit an assault, either to murder or inflict grievous bodily harm.

2. Enter Dwelling House with Intent to Commit an Indictable Offense (Section 111):

The maximum penalty for this offence is ten years of imprisonment.
This charge applies when an individual enters a dwelling house intending to commit an indictable offence.

3. Enter Dwelling House and Commit a Serious Indictable Offense (Section 112):

Offenders may face a maximum penalty of fourteen years of imprisonment.
This charge pertains to individuals who enter a dwelling house and subsequently commit a serious indictable offence.

4. Enter Dwelling House with Intent to Commit a Serious Indictable Offense (Section 113):

The maximum penalty for this offence is fourteen years of imprisonment.
This charge is invoked when an individual enters a dwelling house intending to commit a serious indictable offence.

FAQS

1. What does civil trespassing entail under NSW trespassing laws?

Civil trespassing in NSW means entering or interfering with someone’s property without permission, causing harm or damage. It’s against the law and can lead to legal action. Consult our commercial & civil litigation team for more information.

2. Are there specific laws addressing trespassing on land or property in NSW?

There are laws against unauthorised entry onto someone else’s land or property to protect property rights. It’s essential to understand the nuances of these laws and seek legal advice from a seasoned trespassing lawyer to gain valuable insights into the specific provisions.

3. How can a trespassing lawyer assist in cases involving trespassing on private property?

A trespassing lawyer specialises in private property laws. Consulting can provide legal guidance, assess the situation, and advocate for your rights. Contact us to learn more about how our trespassing lawyers ensure a comprehensive and informed approach to resolving the matter.

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