Some Common Questions Regarding Trespass

Disclaimer: This content has been prepared by third party lawyers, not by ARAG nor by the Insurer. It is intended to provide a general guide to the subject matter and is not intended to constitute legal advice, and you should not rely on this information as a substitute for obtaining your own legal advice. If any of the below issues apply to you, then you should obtain legal advice about your specific circumstances. ARAG and the Insurer disclaim any liability for damages howsoever arising out of or in connection with the use and/or reference to any of this content.

Published on 01.07.2020.

The person who lives next door to me keeps throwing rubbish over our fence and into my garden. Can I do something?

Yes, you can. This may be trespass to your land and lawfully actionable. You should talk to your neighbours and try come to an understanding. However, if this fails and you wish to make a complaint, you can contact the police or local council.

My dog ran onto someone else's property and fought with their dog. My hand was bitten by their dog when I tried to break up the fight. Can I claim compensation from the owner?

This claim may be difficult to make. While you were entitled to reasonably seize your dog for his or her protection, you may not have been entitled to enter the person's land. This could be found to be trespass. If you were walking your dog without a leash, and failed to keep watch of him or her, you may also have been negligent. Consideration of the Companion Animals Act 1998 (NSW) is required.

Is my neighbour allowed to fly their drone over my house?

This may constitute a trespass if your enjoyment, air space or land usage are interfered with. If your neighbour is flying a drone outside an airspace boundary that is in your direct interest, their actions can be found to cause nuisance.

My neighbour often looks through their kitchen window into my house. Do I have a right to privacy? Are they trespassing?

You cannot make a claim in trespass in these circumstances because there is no physical interference. The best solution would be to put up a physical barrier between you and your neighbour, such as a hedge, blinds or curtains.

If you feel that you are in immediate danger, you should contact the police. Alternatively, if you feel that the person is intentionally watching you on a regular basis, you can apply for an AVO for privacy infringement.

The insurer of ARAG Legal Expense Insurance products is HDI Global Specialty SE – Australia (ABN 58 129 395 544, AFS License number 458776) (Insurer). ARAG Services Australia Pty Ltd (ABN 14 627 823 198, AFS Licence number 513547) (ARAG) has been granted delegated authority by the Insurer to enter into, vary or cancel policies and handle claims for ARAG Legal Expense Insurance products on the Insurer’s behalf.
All enquiries should be addressed to ARAG.

Any advice contained on this website is general advice only and has been prepared without considering your individual objectives, financial situation or needs. Before purchasing or renewing a product we recommend that you consider if it is suitable for your circumstances and read the policy terms and conditions.

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