What is Trespass?
Trespass in short is when an individual or their property enter the property of another without their consent or pre-existing agreement such as a right of way easement.
To put it in more practical terms a trespass is walking, using, or making a disposition of your land without your permission. The trespasser is the individual who is performing the trespass or the owner of the item in trespass.
It is therefore the case that not only can an individual trespass by walking on your land, a vehicle may be in trespass if it sits upon your land; this is more commonly the issue with a trespass.
How do i know if they have a right of way?
To find out if your property is subject to a right of way you will require a copy of your title register and title plan, the title register will outline details of any rights of way other have over your land in addition to other property rights. In most instances the right of way will be marked upon the title plan.
Trespass Affects a Land Owners Rights:
Repeated or long term trespass may confer the trespasser with a right by prescription or possession adverse to the rights of the owner; these are obviously extremely negative outcomes for a land owner and as such, trespass should be addressed if it becomes an ongoing, repeated or long term trespass.
If your land or property is subject to a repeated trespass, please visit our page,"What can Be Done About Repeated Trespass"