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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43918
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My question is in re Gard to trespass. We have a property

Customer Question

Hi, my question is in re Gard to trespass.
We have a property in country nsw and our 2 next door neibours (both do not live on their property's but use them for holidays I'll call them R.& Q)use a road on our property to gain access to theirs(this is not the issue) in the last 10 years I'd only ever met one of them (call him R)and we had a good friendly chat one day as I was coming up from their property after checking if any damage had been done to his place as we had been having a string of break ins and damage done on ours, I explained this to him and that if there was damage I'd be reporting it to the police and I was just being a good friendly neighbour ,looking out for each other(the country thing to do).
R led me to believe this was ok and greatfull.
What I didn't know was that the paddock before R's place is owned by Q( this has a small shack on it which I also would drop in and check). Now Q's main place is beyond R's so Q drives through ours then through his paddock then through R's and then gets to his proprty( I'd never gone onto Q's main property as I never knew ther was a house out there) 6 months ago I went down to check R's place as I could see there were fresh tyre tracks leading down to R's place, I met Q whom was extremely aggressive at first but after explaining my self he calmed down and asked what I would be doing from there, I stated that I would check R's place as I usually do and then go back up to ours ,he didn't tell me not to so I checked R,s and went back to ours.
Now, I was out at our place the other day and found a pane of one our luver windows missing and again could see fresh tyre tracks leading to Q&R's properties so I went to check on the shack and R's place. I'd just pulled up at the shack when I heard a vehicle, so I waited and then recognised it was Q. He got out and was extreemly aggressive, told me I was tresspasing, took photos of my car and told me he was going to the police, I apoligised and stated I was just looking out for my neighbours. He then stated that he shoots out there and if he saw me again I could end up getting shot. I stated that I would never come down to check the shack and house again and imediatly left the property.
So my questions are these, if he has gone to the police can I be charged with trespass? And should I report what I believe was a threat to shoot me if I was on his property?
You can contact me at***@******.***
Many thanks,
Chad O'Donnell
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Firstly do you know if there is a right of way through Q's property to get to R's property and were you using this right of way?
The police will not get involved in this unless he can show you caused damage to his property.
It is trespass if you enter his land and are told not to . Also if he does not have his land fenced then he has an issue because how are you to know where his land starts and ends.
The threat of shooting you is one that should be prorated to the police.
Customer: replied 1 year ago.
Many thanks Leon,
No damage was done to his property by myself.
I was going through to Q's property as some damage had been done to one of our windows and I was checking to see if any damage had been done to the small shack(which I now know is on R,s property) and to Q,s house and if so would be reporting it to the police along with the damage done to ours(I explained this to R).
As far as I am aware this is a right of way for Q to go through our property and onward through R's to his.
R can gain access to his property from another direction ( I had a good look on some maps and Google earth)and does not need to come through ours but it is much quicker for him to do so.
He does not have any gate or fence that you have to pass through that gives an obvious boundary distinction.
I will report his threat along with the damaged window to the police.
Customer: replied 1 year ago.
Sorry I got the letters Q&R mixed up in the last email and should read...... Iwas going through to R's property as damage was done to one of our windows and was checking if any damage had been done to the shack( which I now know is on Q's) etc....
Expert:  Leon replied 1 year ago.
Good Morning
I understand
If there is a right of way you have not trespassed.
If they want to sue you for trespass they have to show that they have suffered some loss.
You will be best to get a copy of the plan to see if there is a right of way.
I hope this makes sense and is of assistance?
Customer: replied 1 year ago.
Many thanks again Leon,
This makes total sence. I have contacted the local council and found out that to one side of R's property is part of a reserve that has recently been acquired by national parks and wildlife and as such the track ( now called the "Airley track")that goes through ours and then through Q's and then into R,s and beyond through other properties till it re meets the main sealed road again, is and has, for along time now been deemed a public right of way to gain access to the reserve(now national park).
So many thanks for your advice.
I do have another question in regards ***** ***** fellow that hit my car from behind whilst in a roundabout aprx one and a half years ago. After he hit me he then hit me(my car that is) he then hit me a second time. When I pulled over he was extreemly agressive and threatnd to bash me, I asked why he hit me the second time and he stated " I might as well do as much damage as possible". My wife and children were with me and my wife heard him state this and also threaten to bash me. I called the police but they did not attend until arx 1 and half ours later, in which time he had left the scene. my wife and I gave statements to the police. Since then his insurance company has been chasing me to pay his damages ( no damage was done to my work ute). They sent me his claim forms on which it states that I admitted liability, this I did not do due to the fact he stated he hit us to do as much damage as possible. I have told this to his insurance company and the debt collector that keeps harassing me and that they need to contact the castle hill police to get the statements. The insurance company continues not to and has told me that my wife is not a credible witness.
My questions are .. 1. Is my wife a credible witness in court?
2. What is the ramifications for him in regards ***** ***** us on purpose and for stating that I admited liability when I did not?
This is getting beyond a joke and causing my wife and I a lot of stress.
Ps. When I enterd the round about I did not see him in our lane, there was a large grey truck in the outside lane and it is my belief that he was behind this and went to overtake it when I had enterd and then hit me and then hit me ansecond time.
Many thanks Leon, hope you have a great day,
Regards, ***** *****'Donnelll
Expert:  Leon replied 1 year ago.
Good Morning
Yes your wife can give evidence as too what she has seen
If he hit you from behind generally the law says he is at fault.
If he was in the roundabout first and you then entered you may be found liable or the court amy say you contributed to the damage for not keeping a proper lookout.
If you were in the round about and he entered then he is at fault.
If you had the details of the grey trust that would have assisted you as you would have had another witness.
But that is what the rules are.
I hoopoe this makes sense and is of assistance. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Afternoon,
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
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Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon