Common Misconceptions:

Trespassers Will Be Prosecuted:

It is quite a common misconception that a land owner can or can have a trespasser prosecuted. Trespassers cannot be prosecuted, Trespass is a civil not criminal matter. Signs that read, “Private property – Trespassers will be prosecuted” are bluff and nothing else.


Trespassers can be forcibly ejected:

We have all heard the story of the old man carting children off his lawn by holding onto their ear! Although this may have been common practice some years ago, unfortunately this is no longer the case. While you are allowed to use reasonable force to eject a trespasser, the definitions for reasonable force are far from clear.

If as a land owner you do forcibly eject an individual or an individuals possessions or both you are leaving yourself liable for criminal proceedings for undue force and damage.


I’m Entitled To Compensation:

This is true; you are also entitled to compensation  for the damage caused by chewing gum on the sole of your shoe. Seeking compensation for random trespass is in practice not worth the time. Try to calculate the actual loss incurred by a landowner; some grass seed, maybe the water to make said grass seed grow, raking of any gravel pathways that have been disturbed – as you can see, this will not total very much.


The Police will eject a trespasser for me:

Calling the police as a landowner is pointless. The police will occasionally attend trespass matters, however this is usually to ensure that the landowner only exercises reasonable force in the ejection of the trespasser and is therefore for the trespassers benefit, not the land owners.

There are a number of reasons for this:


Repeated or Ongoing Trespass

If this is an ongoing, repeated or nuisance trespass, there are things that can be done, however please remember these are Civil proceedings, not criminal (YOU Vs. John Jackson not The People or The Crown vs. John Jackson) please see the menu to the left.