What if there was an unauthorised entry to my property?

When you own a property, you are entitled to exclusive possession of that property.  This is a very strong right and if someone enters into your property without your permission, it amounts to trespass, which renders the unauthorised entrant liable to pay compensation.

Background

In a recent case the defendants entered the plaintiff’s piggery at the request of an officer of Animal Liberation NSW to investigate conditions in which animals are kept.  The defendants took videos and photographs to brief a veterinary surgeon for an opinion of the condition in which certain sows were maintained.  Further, if considered appropriate, the defendants intended to report cruelty to the police for investigation.

The plaintiff sued the defendants for damages and relief to stop further disclosure of the videos and photographs to the media.

Decision

The Court awarded damages to vindicate the plaintiff’s right to exclusive occupation of the property.

Trespass is a violation of the right of the property owner that gives rise to various legal consequences.  If you think your rights are affected, or if you think you may have committed a trespass, you need to obtain legal advice.

For more information please contact us:

p: 02 6206 1300 | e: info@elringtons.com.au