Trespassing on real estate – how do you deal with a trespasser in court?

Trespassing, in simple terms, is entering or staying in a place without permission. A person who commits trespassing is called a trespasser or an intruder (for example Land invasion or apartment invasion).

To deal with a trespasser, one must understand the legal terms and relevant legal provisions, and then, it is useful to become familiar with the legal procedures that can be taken against trespass on land.

Trespass on land according to the Torts Ordinance

The relevant sections that are worth familiarizing yourself with are sections 29-30 of the Torts Ordinance.

Article 29:

Trespassing on land

Trespass on land is the unlawful entry into land, or the unlawful damage or disturbance by a person to land; but no plaintiff can recover damages for trespass on land unless he has suffered pecuniary damage thereby.

Article 30:

The burden of proof

In a lawsuit filed for trespass on real estate, the defendant must prove that the act complained of was not unlawful.

These sections have two important meanings. The first meaning is that the plaintiff cannot receive compensation for trespass on land unless the plaintiff has suffered financial damage (the plaintiff has suffered financial damage).

The second meaning is that the person against whom a lawsuit has been filed for trespass must prove that he did not commit an act that is against the law. This is a reversal of the burden of proof because the plaintiff must usually prove his claims and show that the defendant acted against the law.

Is it possible to use force against a trespasser?

To answer this question, you need to be familiar with sections 16-19. The Land Law.

Claim for delivery of real estate

16. The owner of real estate and anyone entitled to possess it is entitled to demand the delivery of the real estate from anyone who possesses it unlawfully.

Lawsuit to prevent interference

17. The holder of the land is entitled to demand from anyone who does not have the right to it that he refrain from any act that constitutes an interference with the use of the land and to remove anything that constitutes such an interference.

Use of force against trespassing

18. (a) The lawful possessor of land may use reasonable force to prevent trespassing or unlawful deprivation of control over it.

(b) If a person unlawfully seizes the land, the lawful possessor thereof may, within thirty days from the date of seizure, use reasonable force to remove him from it.

Return of a stolen item

19. Whoever takes real estate from the holder, as otherwise provided in section 18(b), must return it to the holder; however, this provision does not detract from the court's authority to hear the rights of both parties at the same time, and the court may regulate the possession, to the extent it deems just and on such terms as it deems appropriate, until their rights are determined.

From these sections we learn that the owner of the land is not only entitled to file a claim for trespass but is also entitled to use reasonable force against a trespasser. Note that the use of reasonable force against a trespasser in order to remove him from the land is only possible during the first thirty days from the date of seizure, in order to stop the trespass.

After thirty days, in order to prevent further trespassing on the land, the landowner must apply to a judicial body in order to obtain a ruling against the trespasser ordering him to stop the trespassing.

Which judicial instance do you turn to to prevent trespassing on real estate?

There are various cases of trespass that allow the landowner to turn to different courts to remove the trespasser. Different courts have advantages and disadvantages, so it is always worth consulting with Claims lawyer So that he can direct you to the correct court according to your individual circumstances.

Trespassing on real estate by neighbors in a condominium

When it comes to In a dispute between neighbors In a condominium regarding trespass, the plaintiff has the option to appeal To the Magistrate's Court Or to the condominium supervisor.

The advantage of filing a claim with the condominium inspector is that it is usually a shorter and cheaper procedure. However, The condominium supervisor Has limited powers and will not be able to decide on tort claims (if you suffer financial damage in any case, you will have to go to the Magistrate's Court).

The authority of the condominium inspector to consider trespass matters is established in Section 72(b) of the Real Estate Law, which states:

Authority to decide disputes

(b) A dispute between apartment owners in a condominium regarding trespass by an apartment owner regarding another apartment or regarding the common property, the plaintiff may bring it, at his option, before a competent court or before the inspector.

Please note – the section explicitly states that there is no obligation to file a claim with the condominium supervisor in this matter.

Common cases of trespassing that come to the decision of the condominium inspector are cases relevant to a neighbor taking over a portion of the property. From the common property in the common houseAnother common case is the taking over of a private parking lot or storage space. You can also find cases that come to the condominium supervisor that deal with the taking over of an access road or path between condominiums.

In what cases is it advisable to file a lawsuit with the Magistrate's Court for trespassing on real estate?

Cases in which financial damage was caused by trespassing are appropriate to be investigated in the Magistrate's Court and not by the condominium inspector. In these cases, the damage must be well documented. For example: if it is a trespasser who prevented you from renting your apartment, document who contacted you about the apartment and for what amount they were willing to rent the apartment (this can be done by recording calls or messages).

It is also worth documenting and showing what the value of the rent was during the relevant period when the trespasser refused to leave the apartment. In some cases, it may be necessary to prove the financial damage caused to the plaintiff by an expert opinion.

Frequently Asked Questions Regarding Land Trespassing