Sunday, December 6, 2009

Trespass Sign

In order to protect our property and properly inform all who would enter of our rights, it is important (particularly today) to place No Entry signs on each entry gate to your property, and keep your gates closed.
This sign must be addressed to both persons and entities as this covers both an individual and any public / corporate official.
A person may enter through your gate and proceed to your front door, however any indication that entry is not permitted means the person is now under accusation of trespass.
“The policy of the law is to protect the possession of property and the privacy and security of its occupier. A person who enters the property of another must justify that entry by showing that he or she either entered with the consent of the occupier or otherwise had lawful authority to enter the premises…”
This is the sign we have placed at our 2 entrances.


This property is owned under a Grant in Fee Simple Title
To all persons and entities entering this property without the permission of the land owners, admittance is by Invitation only
Trespass applies.

Rulings by the High Court of Australia
• Kuru v State of New South Wales [2008] HCA 26 (12 June 2008)
• New South Wales v Ibbett [2006] HCA 57; (2006) 231 ALR 485; (2006) 81 ALJR 427 (12 December 2006)
• Plenty vs. Dillon [1991] HCA 5; (1991) 171 CLR 635 F.C. 91/004 (7 March 1991)
• George v Rockett [1990] HCA 26; (1990) 170 CLR 104 (20 June 1990)
• Halliday v Nevill [1984] HCA 80; (1984) 155 CLR 1 (6 December 1984)
• Commonwealth v New South Wales [1923] HCA 34; (1923) 33 CLR 1 (9 August 1923)

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