FAQ

Q. I own my own home. Can I stop unwanted visitors entering my property?

A. Yes. A Law in Action trespass sign warns unwanted visitors that entry is forbidden and unauthorised. The Law in Action information booklet provides a comprehensive overview to help you “know your rights within your own home”.

Q. I am a tenant and do not own the unit I am renting. Can I stop unwanted people entering my place of residence?

A. Yes. Trespass to land protects the person who has exclusive possession. It doesn’t matter if you are a tenant or a landowner. This also includes your landlord who cannot enter unless authorised. This is explained in more detail within the Law in Action information booklet which will help you “know your rights within your own home”.

Q. I am an elderly widow pensioner and am continually being harassed by electricity providers/door to door salesmen trying to force me to enter into a contract with them. What can I do about stopping them frightening me and harassing me in my home?

A. This has become an epidemic problem in Australia today especially with electricity and telephone providers going door to door in attempt to force you into a contract you don’t want or need. A Law in Action trespass sign will ensure that no door to door salespeople will enter your property. You have a right to quiet enjoyment in your home and can punish them by suing for damages should they enter without your permission.

Q. I have a ‘Do Not Knock’ sign on my door and still get harassed by Door to Door Salespeople entering my property. Why is the Law in Action sign any different?

A. The Law in Action sign revokes any implied permission for Door to Door Salespeople to enter your property; therefore if salespeople still enter in defiance of our sign (i.e. without your consent), it will enable you to sue them for damages in trespass to land. The Law in Action information booklet also provides a comprehensive overview to help you “know your rights within your own home”. The Do Not Knock sign advises salespeople not to knock but does not revoke permission to enter your property, so salespeople are still free to enter your home.

Q. Thank you Law in Action. I have recently purchased one of your Law in Action trespass kits and the signs work really well. I do not have any door to door salespeople hassling me anymore. They have even caused the water meter reader to take care when entering my property asking if it is ok to enter. I told him it was ok as he is permitted to enter for that purpose as long as he does not cause a nuisance. Is that right?

A. Yes. Entry is permitted to read your water, electricity and gas meters but only for that purpose otherwise they too become trespassers.

Q. Once I buy your trespass kit, who is still legally allowed to enter my property?

A. There are certain statutory exemptions that permit Fire Brigade, Ambulance Services and Police to enter your property for necessity and preservation of life. You can feel safe knowing that the law will protect you in cases of emergency. Volunteers such as Red Cross are also permitted to enter as they are conducting a community service however, we are now aware that some volunteer organisations contract Door to Door sales companies to collect for them. The Door to Door contractors in many cases fail to advise they are not volunteers, but are in fact being paid a commission from the money you give them. In this situation the Door to Door contractor becomes a trespasser. This is explained in more detail within the Law in Action information booklet which will help you “know your rights within your own home”.

Q. Where is the best place to put the Law in Action trespass signs?

A. The Law in Action trespass signs are specifically designed to fit onto your letterbox, gate or fence. Our trespass signs are UV resistant (non fading) and are designed for long life. It is important to have a Law in Action Trespass Sign at every entry point to your home.

Q: If someone still enters my home after displaying your trespass sign and leaves after I have told them to get off my land, do I still have a claim for trespass to land?

A. Yes. Every invasion of property enlivens damages for trespass to land. The Law in Action trespass signs provide a notice with specific reference to the relevant High Court Decision which revokes any implied consent to enter your property. Therefore, entering in defiance of the sign will enliven damages. The amount of damages will depend upon the circumstances of your case. You will need to obtain legal advice as to how to approach this. But feel rest assured that they will never harass you again in your home. This is explained in more detail in the Law in Action information booklet ‘know your rights within your own home’.

Q. What happens if the trespassers say they didn’t see the trespass sign?

A. Trespass to land is a tort of strict liability. There is no defence of mistake available. This is explained in more detail in the Law in Action information booklet “know your rights within your own home”. It is important to have a Law in Action trespass sign at every entry point of your home. This is why we provide 2 durable signs for both front and back gates. If you need more signs, please contact Law in Action using the contact form to request additional signs.

Q. I live in New South Wales. Is the trespass to land laws the same in all States of Australia?

A. Yes. The Law every Australian should know is the High Court decision of Plenty v Dillon which has determined the Law for all Australians, but you should obtain legal advice within your State or Territory.

Q. A process server has been coming to my home hassling me looking for the previous owner. I told him that he no longer lives here, but he still keeps banging on my door hassling me. What can I do?

A. A Law in Action trespass sign will stop anyone hassling you in your home. This includes Door to Door Salespeople, Process Servers and Police. If they continue to come after you have fitted your Law in Action sign, you will be able to sue for damages for trespass to land. This is explained in more detail in the Law in Action information booklet “know your rights within your own home”. In the 1991 High Court case of Plenty v Dillon, the High Court upheld an award of $167,000 in damages for Police unlawful entry [serving of a summons]. Quite a significant award back in 1991. To read the case; click on the link Plenty v Dillon [1991] HCA 5.

Q. Can the Police enter my property to ask me questions and harass me and my family in our home?

A. No. A Law in Action trespass sign will withdraw any implied consent for Police to enter your property. If they do, they will be trespassing in a contumelious disregard of your rights and you can sue for damages for loss of quiet enjoyment. This is explained in more detail in the Law in Action information booklet ‘know your rights within your own home’. In the High Court case of Kuru v State of NSW an amount of $418,265 dollars was awarded and upheld against NSW Police for harassment and trespass to land. To read the case; click on the link Kuru v State of NSW [2008] HCA 26.

Q. Will my friends and family be able to visit me if I have a Law in Action sign at my gate?

A. Yes. Your friends and family are invited and wanted guests and there is no issue with them visiting you for fun times together. The Law in Action signs are designed to protect you from the harassment of only unwanted visitors at your home.

The Law in Action information booklet provides a comprehensive guide to the Law of Trespass to Land in Australia and should answer most of your questions with specific reference to the relevant Law in Australia.

If you have any additional enquiries that are not covered within the Law in Action booklet and FAQ, please submit your enquiry on our contact page.
Thank you.