Trespass Act 1980

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Trespass is defined as the unauthorized entry onto another person's property, constituting an infringement upon the property owner's rights to exclusive possession and control. It is governed by the Trespass Act 1980.

When individuals disregard the posted warning on private property, stating 'trespassers will be prosecuted,' they violate the law, granting the property owner the right to pursue legal action against them. The Trespass Act 1980, along with relevant case law, provides a comprehensive legal framework for addressing unauthorized entry onto private property and related issues.

Specifically, the Act outlines provisions like trespass after warning to leave, as stated in Section 3(1), which holds that individuals who trespass on any place and, after being warned by an occupier, neglect or refuse to leave, …show more content…
In this case, Ella and Hone Smith do not qualify under the defense offered by the law, leaving Mark Right with the authority to take legal action against them. Mark can pursue remedies like seeking injunctions or claiming damages to assert his property rights and address their unauthorized entry onto private property. These actions aim to enforce property rights, prevent further trespassing, and deter future incidents.

In the case of State v. Lohse (2014), the Arizona Court of Appeals ruled that a homeowner's placement of a fence and "no trespassing" sign around their front yard prohibits entry by law enforcement officers without a warrant. The decision highlighted that a closed gate and signage serve as adequate notice to prohibit entry without a warrant. This ruling underscores property owners' significant rights regarding access to their
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