Help: Saw Neighbours Trespassing in My Backyard, Police Said It Was Lawful

OzBoganYeah on 14/09/2018 - 14:52
Last edited 14/09/2018 - 20:02

This is a lengthy post. I am still pretty freaked out: you see strangers opening the gate and walking around in your backyard.

So today I saw my next door neighbour and his wife trespassing in my backyard through the window. They opened the side gate (it was locked with one of those latches (http://pccruises.co/wp-content/uploads/2018/05/storage-shed-…) and were their quite some time. By the time I got decently dressed, they were gone. It really freaked me out because I have chronic anxiety, live alone (with one year old twins) and I don't have security cameras. At first I didn't know who it was then I recognised it was my neighbours. I never gave them permission to access my backyard.

I called the police (station, not 000 since it wasn't an emergency and they had gone) an spoke to someone and he said "you are able to open the gate and go into someone's backyard without their consent. We [police] do it all the time." And he was explaining how it was A-OK. It was a grey area because it depends on lawful intent but that it was a grey area and technically (according to him) there is nothing wrong with going into someone else's yard without their consent.

And the policeman over the phone said it was not trespassing, because trespassing is when you go out, see them without permission on your premises and tell them to leave and if they don't leave, that is trespassing. I went over to their house to ask them and they weren't there. I didn't like his explanation because what if you do have security cameras and they catch someone snooping around in your yard. What do I do?

Edit: feel free to suggest security systems/cameras or anything. Just to clarify some things:

  • I went over to their house and knocked three times (three sets of knocks), they don't have a doorbell. So I went home, wrote a note and left a short note for them asking what they were doing.
  • several people thought i was naked/wearing only underwear. I wasn't, I was wearing sweatpants and an old jumper.
  • I have really
  • i have really bad anxiety and it affects my everyday life and I initially didnt want to confront them (at first I thought it was the neighbors in their own yard, then I saw there were actually in my yard)
  • I got dressed (few mins) and went upside, but they were gone.
  • the wife was (I'm presuming) there a few seconds??
  • polic explained it like anyone can walk into somebody else's house, unlock their sidegate and enter the backyard and just snoop around.
Home & Garden

Comments

      • OzBoganYeah on 14/09/2018 - 19:03

        +sidewinder1 he (police) explained that its a grey area. So technically speaking someone from out f town could unlock your gate and wonder into your backyard without your consent. I asked and he confirmed it. He said anyone could go into someone's yard, you just need to prove intent.

        • Filbert on 16/09/2018 - 08:42
          +2

          Perhaps when the Fuzz said ‘Grey Area’ he meant
          Well it is illegal but I don’t really care or could be bothered even thou I should be and it’s my job. See what I mean? Just not sure I want to get involved, bit of a Grey area.
          Oh look a donut!

    • John Kimble on 14/09/2018 - 17:00
      +3

      I wonder if a "private property. No trespassing" sign would mean people "enter without permission".

  • Magpye on 14/09/2018 - 15:23
    +7

    Not going to get into the legalities of trespassing nor the policemans interpretation of it, as I'm not a lawyer.

    That said, my first suggestion would be to just politely mention to them that you'd noticed they had been in your yard, and ask if there was something that needed rectifying, or if there is a problem you ned to be aware of.
    This will go a long way to de-escalating any tension between you both, and shows that you have/are being reasonable in the first instance.
    It may also help you if you leave your number with them, so they can let you know in advance if they need to come over.

    Guys don't typically take their wives along with them when they are up to no good, so it sounds like it was a legit reason, and she's probably come along to provide the soft skills, should you have popped out, frying pan in hand. Women are awesome like that (the soft skills part, not so much the frying pan).

    However, completely understand the privacy part, and being somewhat OCD myself, I too discovered an intense dislike for random strangers popping into my yard for a variety of reasons.
    So, when I was home and not expecting visitors, I'd pop a padlock on the loop of the gate bolt.
    The results are immediate and I enjoyed not being bothered by people wanting money/sugar/to rescue my soul from damnation. Just keep the padlock key somewhere handy, in case you need to get out in a hurry.

    • OzBoganYeah on 14/09/2018 - 19:52

      Its going to be a one off thing, i'm going to make sure they dont come back (researching security cameras). I did go over to there house and left a note since they weren't there. His wife was only there for a few seconds (she was shouting at him and left). I have a padlock on the latch but I'm not sure if the padlock was broken or something, even if it was broken it still doesn't excuse and give a reason for strangers to wonder into your backyard).

      I appreciate your tips, I'll look into it.

  • onetwothreefour on 14/09/2018 - 15:28
    +1

    How long have you been living there? Do you not know them at all? You say they are strangers but they live right next door to you. Could you not have opened a window and asked them nicely if they were looking for something?

    • OzBoganYeah on 14/09/2018 - 19:24

      I've lived here longer than them and I don't know them. Just curious, do you know your neighbors well? And if a stranger (intruder/unknown neighbor/whoever) was wondering around your backyard, who you one a window and ask them what they wanted? I have really bad anxiety so it muddles my flight or fight response and thought process.

      • onetwothreefour on 14/09/2018 - 20:23
        +5

        Yes I know my neighbours on all 3 sides (left, right and back) and others on the street. Haven't you both been leaving your house at the same time and just said hello or nodded or waved to each other? Do you know any of your neighbours?

        And yes, if I saw a "stranger" in my garden I would ask them what they were doing.

        • OzBoganYeah on 15/09/2018 - 17:13
          +1

          Haven't left the house at the same time, no. I used to know 2 of my neighbors well but they both moved elsewhere (not at the same time). I presume it's about 50/50 when it comes to whether people know their neighbours or not.

          Good for you but it wasn't the case for me. If I was able to confront a stranger or a burglar in my yard, that would be great. It's sometimes difficult to say what someone would do in a situation. Also there is bystander effect (doesn't apply to my situation but hopefully you get my point).

        • Typical16-bitEnjoyer on 18/09/2018 - 09:11

          @OzBoganYeah:

          Many benefits knowing your neighbours. Get to know them. They'll know if something's not right and call the cops. If you meet and know they're (profanity) then you know to avoid them in future. Win win.

          Get help for your anxiety immediately. It is not a life sentence.

  • [Deactivated] on 14/09/2018 - 15:53
    +10

    They were just casing the place.

    Nothing to worry about.

    Yet.

  • cansydint on 14/09/2018 - 16:04
    -7

    maybe you need someone to speak to about your anxiety if some familiar faces on your property causes this much panic…Maybe contacting someone who you know personally for advice instead of posting on ozbargain would make you seem more stable as well…

    i remember when there used to be no fences around some backyards

    • OzBoganYeah on 14/09/2018 - 19:14

      They aren't familiar faces,I don't know them. I've seen them once or twice in passing and recognize their faces.

      • stringbean402 on 15/09/2018 - 16:56
        -4

        I would agree that your reaction is a bit over the top. I don't think it's go out and get security cameras, a gun and a pig padlock time just yet. Chill for a bit, wait until you see them at home and have a quick chat.

        You mind is racing to the worst possibility when it is likely something very minor, not sinister and probably had nothing to do with you.

        I simple chat to explain that it made you a bit unsettled to see someone in your yard and if they need something in future just knock on the door and check with you will likely settle the whole thing.

        It's amazing what can be achieved with a few friendly words without jumping to writing nasty notes and erecting signs and cameras.

        • OzBoganYeah on 15/09/2018 - 17:06
          +1

          Firstly, my reaction may seem irrational to you because I have really bad anxiety and it affects my everyday life. Of course my mind is racing, anyone's mind would be thinking its unusual for strangers to be walking around in your backyard when the only access was locked.

          Secondly, I'm buying a new padlock to replace the one that was there. Obviously it didn't keep them out. why are you assuming I left a nasty note? Sheesh. I didn't. I wrote a simple 2 sentence polite note and left it because they weren't home.

        • stringbean402 on 15/09/2018 - 17:19
          -5

          @OzBoganYeah:

          If you are aware of the fact you have anxiety then you are aware of the need to rationalize the facts to the situation as they stand here and now and not try to examine a million unlikely possibilities.

          Notes, nasty or not are an immature and childish way to approach a scenario like this and are more likely to lead to an escalation of the situation as the intention of your written words and the way they are perceived are often two very different things.

          My other half has anxiety so i understand the mental process behind your thoughts. Reality is you need to suck it up and go have a chat next time you see them, 99% chance is it's nothing to worry about and can be quickly deescalated it in about 30 secs.

          Until then chill out and concentrate of other things in the here and now.

  • steven6 on 14/09/2018 - 16:12
    +5

    By the time I got decently dressed, they were gone. It really freaked me out

    Next time go straight out indecently dressed and freak them out. I'm sure they won't come back.

  • chumlee on 14/09/2018 - 16:15
    -2

    Maybe it was your reflection you saw

  • TheBilly on 14/09/2018 - 16:29
    +3

    Pee everywhere to mark your territory.

  • [Deactivated] on 14/09/2018 - 17:36
    +1

    My house was burgled recently & I can relate to the anxiety op is talking about. If I were you I would lock the gate maybe attach a bell to the gate from the inside, put up some CCTV, at least fake ones ,not the ones with the blinking light though. Perhaps motion sensors, can get them cheap on cheebay. Motion sensor lights & lastly a dog would be the best option if you can care for it.

    • OzBoganYeah on 14/09/2018 - 19:13
      +1

      I appreciate the response. I do have a padlock on that gate though I don't know how they got in. I'm considering motion sensors. How do you deal/subdue your anxiety?

      • [Deactivated] on 14/09/2018 - 19:40
        +1

        1st of all go up to your neighbor and ask them why they were on your property !
        Based on the answer you get you can deal with the anxiety that this incident has caused you and you get some closure.
        Not to scare you, but what if they were at your place for the wrong reasons ?
        they could be back again if they feel they won't get into trouble.Therefore, Install camera's. Its a big deterrent for gatecrashers.
        You can get effective cctv systems for about $250-$300 & for another $300 have 4 camera's installed. Pm me if u need a contact & your in melb.
        Software on these systems allow you to receive push notifications on the phone when it detects motion. Somebody walks thru that gate again & bang
        their pic is taken & sent to you.

        • OzBoganYeah on 14/09/2018 - 19:45

          I did go to their house afterwards but they weren't there (I had to get dressed and dress my kids, they're one and can't leave them alone). I left a note for them. I'm considering security cameras. Edit-I don't know how to pm you

        • xmail on 15/09/2018 - 21:58
          +1

          You should wait for a reply to the note before posting here or going to the cops.

        • oneland on 15/09/2018 - 22:50

          I got burgled in Preston a few months back.
          Would you be able to Pm me who installs it for that cheap?

        • OzBoganYeah on 19/09/2018 - 19:00

          Are you able to pm me with the contact information?

        • [Deactivated] on 22/09/2018 - 17:22

          @OzBoganYeah:
          im unable to send you a pm. can you enable pm's pls

        • OzBoganYeah on 22/09/2018 - 18:06

          @sidewinder1: done

  • try2bhelpful on 14/09/2018 - 17:49

    They may have been retrieving a ball, or checking out the fence to see if it needs repairs, etc. I agree that going over to talk to them and asking them to knock on your door and talk to you before going into the yard would be prefered. In your situation I would be considering cameras for your own peace of mind.

    • OzBoganYeah on 14/09/2018 - 19:11

      They weren't retrieving a ball, they don't have any kids/animals/whatever, it's just them.

  • JimmyF on 14/09/2018 - 18:13
    +1

    and were their quite some time. By the time I got decently dressed, they were gone

    Which one was it? Or do you take 20 mins to get dressed?

    Then you say this in the first reply

    they were there for more than a few minutes

    so only a min or two now?

    it was locked with one of those latches

    Get a padlock and make sure its installed correctly so they can't open it.

    What do I do?

    Padlock, then go next door and say nicely, just noticed you had been in my back yard. Was there anything I can help you out with? See what they say.

    • OzBoganYeah on 14/09/2018 - 19:10

      It was both and yes it took a while to dress myself and 2 one year olds (esoecially when one of them is sick). How is a "few minutes" = one or two mins? If there were there for 2 mins I would've said they were there for 2 mins. They (man) was there for over 10 mins and the wife was only there for 5 secs max (she was shouting at him). Before you ask, I initially didnt know they were in my yard. I thought they were in their on own yard. I do have a padlock on the latch. Not sure how they opened the door.

      Having a padlock isn't the point, my point is that they opened a locked gate and snooped around without my permission.

      • JimmyF on 14/09/2018 - 19:12
        +1

        they opened a locked gate

        Clearly the gate wasn't locked as they opened it without a key!

        • OzBoganYeah on 14/09/2018 - 19:47
          -1

          I know the larch was locked because it keeps the gate closed, I'm not sure bpabout the padlock. It's a small padlock and I will considering getting a new and different brand.

        • JimmyF on 14/09/2018 - 22:53
          +3

          @OzBoganYeah: Don't know what to say, other than if it was truly locked, they wouldn't have been able to open it. So something wasn't right with your latch/padlock combo.

        • rickxs on 15/09/2018 - 10:12
          +1

          @OzBoganYeah:
          if its a small padlock you can sometimes work it through the padbolt[your lock type ]& then they are in —- Get a bigger one, not something that does suitcases up

          .

  • mt7mta on 14/09/2018 - 18:25
    +1

    http://classic.austlii.edu.au/au/legis/nsw/consol_act/ilpa19…

    Section 4(1)

    Ultimately it depends on their reason for entering. If they can’t prove they had a lawful excuse or if you asked them to leave and they didn’t that’s when they are committing an offence and they could face a $550 fine or a charge.

  • ChillBro on 14/09/2018 - 19:15
    +5

    That must have been a shitty ordeal. I feel for you, OP.

    IMO this seems like an area the law does not cover very well since it supposedly lets anyone travel on whoever's backyard whenever they want.

    • OzBoganYeah on 14/09/2018 - 19:21
      +1

      Thanks. Honestly the policeman's explanation of it it really seems like people are allowed to walk around anywhere they want, including people's backyards. He said it was a grey area and I supposed anyone could just say they were looking for something and the police would be satisfied.

  • WreckTangle on 14/09/2018 - 20:47
    +1

    Do they have chickens? Probably escaped into your yard.

    • OzBoganYeah on 15/09/2018 - 17:14

      No pets or kids. It's just them.

  • chumlee on 14/09/2018 - 21:00

    Here's some detail on trespass

    http://www.lawhandbook.org.au/2018_06_04_03_entry_onto_land/

  • robbyjones on 14/09/2018 - 23:18
    +1

    I would definitely follow up on your note. If they did happen to see you and you didn't say anything to them about not entering your property this could give them implied right to enter. You need to speak with them and say if they need to enter your property then could they please come and see you first. Very disconcerting for you but don't overthink it, it is more likely than not for a very innocent reason.

    • OzBoganYeah on 15/09/2018 - 17:18

      This. Who knows if they've done it before and it gives them the implied right to enter anyone's backyard. Thanks, I will follow up on the note.

  • tencents on 15/09/2018 - 00:22
    +1

    In NSW it is an offence to enter property without permission or another lawful reason.
    A person can be charged with this offence if they walk, drive or otherwise make their way onto property which is surrounded by a fence, wall, canal, building or other structure that indicates the boundary of the property.

  • Herbse on 15/09/2018 - 00:24

    What kind of criminals are dumb enough to rob their neighbours?

    I hope the letter you left them wasn't an accusation.
    It sounds to me like the beginings of an episode of neighbours from hell. Something insignificant turning into a big deal.

    Lawful entry laws are there to protect law abiding citizens and children who, for whatever reason needed to get into your property, and not be attacked.
    Try living in some US states that don't have this, which trigger happy gun owners use, along with stand your ground laws to shoot whoever they claim is a threat.

    My only suggestion is to not escelate the issue any more than it needs to. You have to live next to these people for a long time I assume.

    • OzBoganYeah on 15/09/2018 - 17:21
      +2

      My letter was barely a letter, it was only 2 sentences. I didn't accuse them of anything, just said that I saw them and wanted to talk about it. I don't want anymore neighbours from hell, I've already had bad experiences with one (they threw bricks through my windows at like 3am).

      • Herbse on 15/09/2018 - 17:25
        +1

        That's good. Have a friendly chat and maybe invite them over for dinner or a coffee one day.
        Always pays to know your neighbours. Even the police say that knowing your neighbours can prevent crime because they will know when something suspicious is happening if you're not there, rather than just ignore it.

        Hope it works out bud. All the best.

        • OzBoganYeah on 15/09/2018 - 17:40

          Thanks for your support.

  • pingualien on 15/09/2018 - 01:13
    +1

    want me to bash them

  • Flanders on 15/09/2018 - 01:39
    +1

    Ask them what they were doing there.
    If you're not happy with their response… Then I believe you can issue some 'notice of trespass' which then, if they enter your property again, it is trespassing .
    A shopkeeper in large shopping area (outdoors) told me he does something like this for shoplifters. He gets their details, address etc (by acting friendly, where they live etc), then issues the 'trespass notice' I think thats what he called it. Then apparently he can have them charged with trespass if they come back, even to public area outide his shop.
    If it works for him in a public area, surely it should also work for private home backyard.
    Talk to neighbor 1st though, if it seems innocent, dont follow up with notice of trespass etc just yet, but DO ask them to please come and knock on front door and ask next time, so as to not worry you and cause you unnecessary anxiety.
    If they agree to ask next time, then rudely just come round back next time without knocking etc, then I would issue the notice of trespass. And then have them charged after that (as it is then definitely trespass after they are given notice not to enter upon your property) .

    • OzBoganYeah on 15/09/2018 - 17:23

      Thanks for the information, I'll remember that for next time (hopefully this doesn't happen again).

  • grasstown on 15/09/2018 - 06:40
    +4

    I agree it's odd. I would never go into a neighbours yard without permission, or at least knocking and seeking permission.

    • OzBoganYeah on 15/09/2018 - 17:24

      Exactly. I'm the same. I would never go into someone's backyard if I didn't ask first.

    • Flanders on 15/09/2018 - 22:44
      +2

      It is "odd" and also incredibly rude and discourteous.

  • Xiaomi on 15/09/2018 - 07:37

    I can see where you are coming from but after reading reply after reply of assumptions it's very easy to sort this issue out, I do think your anxiety is making this far worse than what it is otherwise they'd be sitting in your lounge room…

    Go knock again.

  • DarkOz on 15/09/2018 - 08:13

    I have chronic anxiety

    Don't panic. There is nothing to worry about. Just wait until they are home and have a friendly chat with them. I am sure they will give you a reason for this.

  • TailsK on 15/09/2018 - 08:40

    The explanation is so simple! The neighbours know OP walks around their house naked and just wanted a better look! OP went to get dressed, so they left!

    • OzBoganYeah on 15/09/2018 - 17:25

      Even though you joke, I wasn't naked.

  • idonotknowwhy on 15/09/2018 - 09:44
    +2

    Police explained it like anyone can walk into somebody else's house, unlock their sidegate and enter the backyard and just snoop around.

    This is great news, I didn't know this!
    Weekend entertainment sorted, thanks OP.

  • LUTSlit on 15/09/2018 - 10:04
    -2

    I suspect it was something very sinister, and you should totally speculate and come up with your own scenario regarding this personal attack against you. Either that, or keep knocking on their door until you can actually ask.

  • ftw169 on 15/09/2018 - 10:38

    Get a German Shepard or a rottie. No one will come near your backyard them. They are fiercely loyal to their family (pack)

  • Sisusaasuun on 15/09/2018 - 12:08
    +3

    Just a note on anxiety, it is mostly caused by thinking of the what may happen in the future, not living in the here and now. The only way you will get your answer is to speak to your neighbours, only they can tell you why they were there. Sort out your gate so unwanted people cannot enter as other OP's have said. Hang out with your little one's they are the best at being in the moment.

    • OzBoganYeah on 15/09/2018 - 17:26

      I appreciate your response and will try doing that, thanks.

  • endolphin on 15/09/2018 - 12:12

    You mentioned that she was shouting at him and then she left. I reckon one of them has thrown something over the fence in anger (maybe a ring), and they have then been too embarrassed to go and ask you permission to look for it. Maybe it has taken them a while to find it, or maybe they didn't find it, hence wifey still screaming.

    OP do you own a metal detector??

    • Xiaomi on 15/09/2018 - 12:16

      or maybe it wasn't a ring that requires a metal detector that would be unlikely sitting around in someone's cupboard

    • OzBoganYeah on 15/09/2018 - 17:28

      I'm 99.99% sure they weren't looking for something, I heard what she shouted. I don't have a metal detector.

      • thanatos350 on 16/09/2018 - 03:51

        What did she shout? It might be easier to surmise their motivation for entering your yard if we knew what was going on netween the couple?

        • Filbert on 16/09/2018 - 08:53
          +3

          ‘You’re at the wrong house again you stupid old drunken fool’
          ‘We had to move from the last house because the neighbours had a restraining order against you for wandering into their backyard’

  • Hithere on 15/09/2018 - 12:19
    -1

    Don't bother calling the Police.

    Daughter phoned up the Police when several people with dark skin and not from Australia were seen climbing over fences and knocking on front doors of a group of units in the middle of the day.

    They refused to attend. Probably too busy eating donuts :)

    • greater mimic on 16/09/2018 - 00:56
      +5

      obviously if they had white skin it means they would be jumping over fences and knocking on doors to ask for donations, not burgle

    • [Deactivated] on 16/09/2018 - 09:44
      +1

      Where were they from if not from Australia? Did you notice a space ship hovering above?

      • h4zey on 17/09/2018 - 10:37
        +2

        Dark skin is so unAustralia :)

    • Typical16-bitEnjoyer on 18/09/2018 - 09:23

      "Hello police? I just saw a person who WASN'T WHITE IN MY NEIGHBOURHOOD"

  • Chewy Chunks on 15/09/2018 - 12:52
    +3

    I called the police (station, not 000 since it wasn't an emergency and they had gone)

    Thank you for not abusing the emergency number. Too many idiots do this. I knew a dude who worked as an… operator? for the emergency services and you cannot believe some of the stupid shit people use that number for.

    "you are able to open the gate and go into someone's backyard without their consent. We [police] do it all the time."

    What a crock of shit and a stupid example. Being able to open a something doesn't make it legal to enter. I could see how entering a front yard could be difficult to forbid, but a backyard? Police have special exemptions because they are police. It would be pretty easy to foil the law if police were simply forbidden from entering a property to arrest someone, wouldn't it?

    I would try to get to the bottom of it but don't be too accusatory when speaking with them. As others have pointed out, maybe it was innocent. Letting them know that you know they were there might be enough to deter them if their intentions were malicious.

    • OzBoganYeah on 15/09/2018 - 17:34

      Thank you, I appreciate your response.

      I thought it was BS as well when he said that anyone could enter other people's backyards. I was so dubious but didn't want to call out the cop directly so I asked "so hypothetically, I could walk to a random house, go to their side gate and [presuming they had a latch on it like I do] open it and walk around in their backyard?" He replied "yes". He then told me they (police) "do it all the time". In my mind I'm just thinking 'what the? That doesn't sound right at all'.

    • spaceflight on 16/09/2018 - 10:37

      What a crock of shit and a stupid example. Being able to open a something doesn't make it legal to enter. I could see how entering a front yard could be difficult to

      It isn't a crock of sh*t and the example is okay.

      You don't have an express right to enter somebody's backyard however you are also not prohibited from entering.

      If you enter, are asked to leave (and not come back without permission) and do not you are then trespassing.
      You have then been informed that you are not welcome so you are now prohibited from entering.

      Your intent to enter also matters however proving intent is hard.

      • Chewy Chunks on 16/09/2018 - 13:19

        I invite you to wander into my closed and locked backyard and see what happens to you. Not all of us are afraid to defend out properties & families.

        Besides that, you are just plain wrong:

        You cannot enter someone else’s land without their permission; nor can you dump rubbish on land without the land owner’s consent, nor dig below another person’s land as land includes everything above and below the ground. These acts are trespassing. Trespass is a civil wrong and you can be sued for doing it.
        Be careful when ejecting a trespasser from your land as they can sue you for assault if you use too much force.
        By law, some officials (e.g. police, meter readers, post office officials, council officials, fire fighters) are allowed on your land without permission.

        http://www.lawhandbook.org.au/2018_06_04_03_entry_onto_land/

        • spaceflight on 16/09/2018 - 14:07

          I invite you to wander into my closed and locked backyard and see what happens to you. Not all of us are afraid to defend out properties & families.

          Have fun in court / prison for using unreasonable force while you "defend" your property for someone standing on your grass.

          Rather than cherry pick a website why not look at what the law says. Here is a relevant section form the Summary Offences Act

          wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or a person authorized by or on behalf of the owner or occupier

          So if someone enters your property without permission you can ask them to leave. If they refuse to go when asked, they are trespassing and you can use reasonable force to remove them.

          If they enter into an inclosed/completely fenced area then the law is different and falls under the Inclosed Lands Protection Act

          Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty

          A lawful excuse is important here and as I said before your intent to enter also matters however proving intent is hard.
          If you enter an inclosed area to steal something then this is not a lawful excuse.
          If you enter an inclosed area for something like bird watching, photography, picnic, retrieve an item then these are all lawful activities so you are not committing an offence.

        • Chewy Chunks on 16/09/2018 - 20:49

          @spaceflight:

          If you enter an inclosed area for something like bird watching, photography, picnic,

          Right, you're in your neighbours backyard to have a picnic or take photos of Eastern Rosellas. You jumped the fence behind a business where they store their wares because you were curious how they stacked their inventory. "I swear I wasn't casing the joint or nuttin'!"

          Actually, those excuses might fly in a modern court.

          Trespassing is trespassing, you don't have to verbally ask someone to leave to somehow "activate" the trespassing laws. In the OPs case, the officer didn't even bother to investigate whether those he/she was claiming to have entered her property might have had a good reason, he just dismissed it out of hand.

          Good to know if you see strangers entering your property and prowling around the police couldn't care less.

        • spaceflight on 17/09/2018 - 14:00
          +1

          @Chewy Chunks:

          Trespassing is trespassing, you don't have to verbally ask someone to leave

          Yes you do.
          I even quoted the Summary Offences Act where it states that…

  • Eeples on 15/09/2018 - 14:16

    When you went over to speak with them did you enter their yard?

    Same same.

    A latch is not a lock.

    • OzBoganYeah on 15/09/2018 - 17:36

      I entered their front yard to get to the door. I did not unlock their side gate and walk around their BACK yard. There's a huge difference. I consider a latch a lock.

      • John Kimble on 15/09/2018 - 18:51
        +2

        A latch is not a lock, otherwise a latch would be called a lock. You lock a latch with a lock.

        • Filbert on 16/09/2018 - 08:56

          As they say ‘Locks only stop honest people’ but I agree a latch is not a lock, could be keeping something in, not out.

        • OzBoganYeah on 16/09/2018 - 13:21

          I disagree. A latch like the one in the link I post intends to keep something closed. It's not as secure as a padlock, but it's intent is still the same. And my point is not about the latch/lock…but let's just ignore that issue.

        • John Kimble on 16/09/2018 - 17:11

          @OzBoganYeah: Yes, closed, not locked.

          FYI I am just disagreeing with you on the lock/latch thing.

          I can see why I suppose, but I also would find it odd/unnerving that people are allowed to just enter where they like…

      • Eeples on 18/09/2018 - 22:17

        So you have never tried the front door of a house, got no answer, and decide to try around the back?

  • Dont Care on 15/09/2018 - 16:53
    -8

    So you called police because neighbours in your backyard? Police have better things to do with their time instead of dealing with people like you.

    • OzBoganYeah on 15/09/2018 - 17:36
      +8

      Your username is so fitting.

    • [Deactivated] on 16/09/2018 - 09:54

      She called the police to report the matter not on the emergency line. I agree with OP 100% given her situation. Everyone's situation is different. The vast majority of society would support her in this situation & you sound like a trump personality.

      • Dont Care on 16/09/2018 - 11:45
        -3

        not sure if you would have any idea of what vast majority of society would do. Trump is not offensive. Perhaps if the OP had built a wall people wouldnt be in the backyard. Heaven forbid can't go over a fence to get a ball anymore. Now you would say the vast majority of australian society call 000 and demant a swat team.

    • downbythecreek on 16/09/2018 - 10:16
      +1

      Police are there for public safety and a member of the public was asking a safety related question…

  • johndowy on 15/09/2018 - 17:15
    +2

    I also had a similar situation with unwanted people on my property.

    I called the police and was given the same information as you. It's only trespassing if they don't leave when you ask.

  • happirt on 15/09/2018 - 18:55
    +2

    nothing happened. why are you so paranoid/scared? talk about overreaction. might want to call a doctor not the police.

  • ladybug1 on 15/09/2018 - 19:40

    Are you ok OP? Must have been a scare. Maybe she thought she saw something interesting in your backyard-bird or something-I am struggling to think why else you would do it.

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