Trespass To Property Claims2024-10-14T10:58:15+00:00

TRESPASS TO PROPERTY CLAIMS

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Litigation Lawyers Sunshine Coast

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Trespass to Property Claims

Trespass to property claims can severely disrupt both residential and commercial clients, leading to operational disruptions, financial loss, and emotional distress. Prompt legal intervention is often necessary to secure property rights and mitigate any adverse effects of unlawful trespass.

At Axia Litigation Lawyers, we understand the distress such claims can cause. Our team is equipped with the legal expertise to assert and protect your rights, ensuring that your property interests are vigorously defended.

In response to the urgency of trespass to property claims, Axia Litigation Lawyers acts swiftly to protect your rights. Leveraging the Criminal Code Act 1899 (Qld) and common law principles, we issue cease and desist notices to halt unauthorised access immediately.

If the trespass continues, we are prepared to seek injunctive relief from the courts to prevent further intrusions and recover damages for any losses incurred. Our proactive approach includes implementing preventive legal measures, such as drafting clear property notices and reinforcing boundary lines, to deter future trespassers. Our goal is to resolve your trespass claims quickly, restoring your rightful enjoyment of your property and providing you with peace of mind.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

Trespass to Property Claims

Trespass to property claims can severely disrupt both residential and commercial clients, leading to operational disruptions, financial loss, and emotional distress. Prompt legal intervention is often necessary to secure property rights and mitigate any adverse effects of unlawful trespass.

At Axia Litigation Lawyers, we understand the distress such claims can cause. Our team is equipped with the legal expertise to assert and protect your rights, ensuring that your property interests are vigorously defended.

In response to the urgency of trespass to property claims, Axia Litigation Lawyers acts swiftly to protect your rights. Leveraging the Criminal Code Act 1899 (Qld) and common law principles, we issue cease and desist notices to halt unauthorised access immediately.

If the trespass continues, we are prepared to seek injunctive relief from the courts to prevent further intrusions and recover damages for any losses incurred. Our proactive approach includes implementing preventive legal measures, such as drafting clear property notices and reinforcing boundary lines, to deter future trespassers. Our goal is to resolve your trespass claims quickly, restoring your rightful enjoyment of your property and providing you with peace of mind.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Defending Property Rights

Expert representation against unlawful property interference.

Trespass Resolution Strategies

Tailored negotiations to protect your interests

Trespass Legal Support

Decisive advice for property intrusion issues.

Uphold Land Integrity

Protect your premises with legal precision.

Every – Move – Matters

how Axia Can Help With Your Trespass to Property Claim.

Axia Litigation Lawyers can provide comprehensive legal assistance to clients embroiled in boundary disputes by offering a strategic approach grounded in our thorough understanding of the relevant Queensland legislation and common law.

With our expertise in property law and civil litigation, we can assist clients in navigating the complexities of a boundary dispute in several ways:

We would begin with an initial consultation and conduct a thorough review of the facts surrounding the alleged trespass, including an examination of the property boundaries, title deeds, and any relevant easements or rights of way that may impact the legal standing of the claim.

We will provide clear, authoritative legal advice on the merits of the claim, the potential remedies available, and the likelihood of success. This will include an explanation of the tort of trespass, which involves the unlawful interference with one’s possession of property.

If appropriate, we can draft and serve a cease and desist letter to the trespasser, formally demanding an immediate halt to the trespassing activities. This serves as a formal warning and can often resolve the matter without the need for litigation.

We are skilled in negotiation and can engage with the opposing party to seek a resolution that protects our client’s property rights. This may involve discussions around rectifying any harm caused and securing assurances against future trespass.

Where immediate action is required to prevent ongoing or imminent harm, we can apply to the court for an interlocutory injunction to restrain the trespasser from continuing their actions pending the resolution of the matter.

If the dispute cannot be resolved through negotiation, we are fully prepared to initiate legal proceedings to seek a remedy for the trespass. This may include claims for damages, a permanent injunction, or other court orders to vindicate our client’s property rights.

Throughout any court proceedings, we will provide robust representation, ensuring that our client’s case is presented cogently and persuasively, with meticulous attention to evidentiary detail and legal precedent.

We can also facilitate mediation or alternative dispute resolution processes, which can be a cost-effective and timely means of resolving property disputes including trespass claims, without the need for trial.

Post-judgment, we will assist in ensuring that any court orders are complied with and, if necessary, take steps to enforce the orders through the appropriate legal channels aiding in solving your trespass to property claim.
  • Trespass Claim Assessment
  • Legal Advice
  • Cease and Desist
  • Negotiation
  • Injunctions
  • Litigation
  • Representation
  • Mediation
  • Compliance and Enforcement
Trespass Claim Assessment
We would begin with an initial consultation and conduct a thorough review of the facts surrounding the alleged trespass, including an examination of the property boundaries, title deeds, and any relevant easements or rights of way that may impact the legal standing of the claim.
Legal Advice
We will provide clear, authoritative legal advice on the merits of the claim, the potential remedies available, and the likelihood of success. This will include an explanation of the tort of trespass, which involves the unlawful interference with one's possession of property.
Cease and Desist
If appropriate, we can draft and serve a cease and desist letter to the trespasser, formally demanding an immediate halt to the trespassing activities. This serves as a formal warning and can often resolve the matter without the need for litigation.
Negotiation
We are skilled in negotiation and can engage with the opposing party to seek a resolution that protects our client's property rights. This may involve discussions around rectifying any harm caused and securing assurances against future trespass.
Injunctions
Where immediate action is required to prevent ongoing or imminent harm, we can apply to the court for an interlocutory injunction to restrain the trespasser from continuing their actions pending the resolution of the matter.
Litigation
If the dispute cannot be resolved through negotiation, we are fully prepared to initiate legal proceedings to seek a remedy for the trespass. This may include claims for damages, a permanent injunction, or other court orders to vindicate our client's property rights.
Representation
Throughout any court proceedings, we will provide robust representation, ensuring that our client's case is presented cogently and persuasively, with meticulous attention to evidentiary detail and legal precedent.
Mediation
We can also facilitate mediation or alternative dispute resolution processes, which can be a cost-effective and timely means of resolving property disputes including trespass claims, without the need for trial.
Compliance and Enforcement
Post-judgment, we will assist in ensuring that any court orders are complied with and, if necessary, take steps to enforce the orders through the appropriate legal channels aiding in solving your trespass to property claim.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

How to establish a claim for trespass to property

A trespass to property claim is a legal cause of action that arises when an individual or entity unlawfully enters onto, or remains upon, another person’s land, or directly causes an object or substance to encroach upon that land without the landowner’s permission. This form of civil wrong is classified under the body of tort law.

The essence of the claim is the protection of the possessory rights of the property owner or lawful occupier. Trespass to land is actionable per se, which means that the property owner or occupier can bring a claim against the trespasser without the need to prove actual damage or loss resulting from the trespass.

To establish a claim for trespass to property, the plaintiff must generally prove the following elements:

The plaintiff must establish a sufficient degree of control over the land at the time of the trespass. This control is typically evidenced by physical occupation or a legal right to occupy the land, such as ownership or a leasehold interest. In Queensland, the plaintiff does not necessarily need to be the landowner; a lawful occupier, such as a tenant, can also bring forth a trespass claim. The immediate right to possession means that the plaintiff was entitled to possess the land at the time of the trespass, even if they were not physically present on the land.

The defendant must have voluntarily and intentionally performed the act that led to the entry onto the land or the encroachment by an object or substance. The intent here is not the intent to trespass, but rather the intent to perform the act that resulted in the trespass. Even if the defendant was unaware that the land belonged to someone else or that they were not authorised to enter, this does not negate the fact that the entry was intentional. In Queensland, the courts will consider whether the defendant’s actions were deliberate and not accidental when assessing liability.

The act of trespass must be a direct consequence of the defendant’s actions. There must be a clear causal link between the defendant’s conduct and the intrusion on the plaintiff’s land. This means that the trespass was not due to an act of nature or the actions of a third party, but rather, it was the defendant’s own actions that led to the violation of the plaintiff’s possessory rights.

It’s important to note that the same act of trespass could potentially lead to both civil and criminal consequences. For example, a property owner could seek civil remedies for an intrusion while the state prosecutes the trespasser for the criminal offence. However, the processes and potential outcomes of civil and criminal actions are distinct and operate independently of each other.

Frequently Asked Questions About Trespass To Property

Trespass to property occurs when an individual unlawfully enters, or remains upon, land or premises without the permission of the owner or lawful occupier. This can include both direct physical intrusion and the interference with the land through the placement of objects.

In Queensland, trespass can be both a criminal offence under the Criminal Code 1899 (Qld) and a civil matter. The criminal aspect is typically handled by the police, whereas the civil component allows landowners to seek remedies such as injunctions or damages through the courts.

The primary civil remedies include an injunction to prevent further trespass and damages to compensate for any loss suffered. Aggravated damages may be awarded in instances of high-handed, insulting, or oppressive behaviour by the trespasser.

Yes, a property owner or lawful occupier may use reasonable force to remove a trespasser. However, the force used must be proportionate to the circumstances and not excessive, to avoid potential liability for assault or battery.

It is generally advisable to contact law enforcement to address the removal of a trespasser. Police are trained to handle such situations with the appropriate level of force and can do so within the confines of the law. Engaging law enforcement serves to protect the property owner from potential legal repercussions and ensures that the situation is resolved in a lawful and orderly manner.

Initially, you should request the trespasser to leave. If they refuse, you may contact the police or seek legal advice on obtaining an injunction or pursuing a claim for damages.

To prove trespass in a civil claim, you must establish that the defendant intentionally or negligently entered your land without lawful excuse. Evidence such as photographs, witness statements, and surveillance footage can be instrumental in supporting your claim.

In Queensland, the Limitation of Actions Act 1974 (Qld) stipulates that an action for trespass to land must be commenced within six years from the date on which the cause of action arose.

In Queensland, a trespasser may be able to claim ownership over land through adverse possession if they have had continuous, exclusive, and open possession of the land for a period of 12 years. However, this is a complex area of law and specific legal advice is necessary.

Defences to a trespass claim may include lawful authority to enter the land, necessity (e.g., to prevent greater harm), or the plaintiff’s consent. Each defence must be carefully considered within the context of the alleged trespass.

A lawyer can provide legal advice on the merits of the claim, represent the property owner in court, draft legal documents such as pleadings and injunctions, and negotiate settlements. Their expertise is crucial in navigating the complexities of property law and achieving a favourable outcome.

These FAQs are designed to provide a general understanding of Trespass To Property Claims and are not a substitute for professional legal advice. For specific guidance on your situation, please contact our firm for a consultation with a property law expert.

Every – Move – Matters

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Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

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