Beyond Bending Tell You How
As a property owner or occupier, you have the right to control who enters your land and how they use it. However, dealing with trespassers can be a tricky and sometimes contentious issue. That’s where the Trespass Property Act comes in. This legislation sets out the rules and procedures for dealing with trespassers in Ontario, Canada.
In this article, we’ll take a closer look at the Trespass Property Act, what it covers, and what it means for property owners and occupiers. We’ll also explore some common scenarios where the Act may come into play and offer some tips for dealing with trespassers in a safe and legal way.
What is the Trespass Property Act?
The Trespass Property Act, also known as R.S.O. 1990, c. T.21, is a piece of legislation that governs the rights and obligations of property owners and occupiers when dealing with trespassers in Ontario. The Act outlines the procedures that must be followed when asking a trespasser to leave your property, as well as the legal consequences if they refuse to do so.
The Act defines a “trespasser” as anyone who enters or remains on your property without your permission. This can include individuals, vehicles, or even animals. It’s important to note that the Act only applies to private property – it does not cover public spaces such as parks or sidewalks.
When can you use the Trespass Property Act?
While the Trespass Property Act gives property owners and occupiers the right to remove trespassers from their land, it’s important to understand that this power is not absolute. In order to use the Act, certain conditions must be met:
- The trespasser must be on your property without your permission
- You must have asked the trespasser to leave
- The trespasser must have refused to leave or returned to your property without your permission within a reasonable amount of time
It’s also worth noting that the Act does not give property owners and occupiers the right to use excessive force or violence when removing a trespasser. Any use of force must be reasonable and proportionate to the situation at hand.
How do you use the Trespass Property Act?
If you find a trespasser on your property, the first step is to ask them to leave. You can do this verbally or in writing, but it’s a good idea to keep a record of the request in case you need to take further legal action.
If the trespasser refuses to leave, you can use the Trespass Property Act to have them removed. To do this, you must follow these steps:
- Call the police: Before using the Act, you should contact your local police department and inform them of the situation. They may be able to remove the trespasser themselves, or they can provide you with a “Form 1 – Notice of Trespass” that you can use to formally notify the trespasser that they are not allowed on your property.
- Give notice: If you have not already done so, you must give the trespasser notice that they are not allowed on your property. This can be done verbally or in writing, but it’s a good idea to have a witness present to confirm that the notice was given.
- Wait 24 hours: After giving notice, you must wait at least 24 hours before using the Act.
- Remove the trespasser: If the trespasser does not leave your property within the 24-hour period, you can use the Act to have them removed. This can be done by yourself or with the help of a peace officer or bailiff. You must use only reasonable force and must not cause any damage to the trespasser’s property.
If the trespasser is causing damage to your property or posing a threat to your safety, you may be able to use the Act without waiting 24 hours. However, it’s important to use caution and only use force when absolutely necessary.
What are the consequences of using the Trespass Property Act?
If you use the Trespass Property Act to remove a trespasser from your property, they may face legal consequences. Under the Act, a trespasser who refuses to leave when asked can be charged with a summary conviction offence and may face a fine of up to $2,000 or up to six months in jail.
It’s worth noting that the Act does not give property owners and occupiers the right to keep or dispose of any property that the trespasser leaves behind. If a trespasser leaves personal belongings on your property, you must take reasonable steps to return them to their rightful owner or to store them in a safe and secure location.
What are some common scenarios where the Trespass Property Act may come into play?
Trespassing hunters
During hunting season, it’s not uncommon for hunters to accidentally wander onto private property. While most hunters are respectful of private land, there are always a few who may intentionally or unintentionally trespass. If you find a hunter on your property, the first step is to ask them to leave. If they refuse, you can use the Trespass Property Act to have them removed.
Neighbour disputes
Neighbour disputes can sometimes escalate to the point where one neighbour begins to trespass on the other’s property. If you find your neighbour on your property without your permission, it’s important to approach the situation calmly and respectfully. Ask your neighbour to leave and remind them that they are not allowed on your property without your permission. If they refuse to leave, you can use the Trespass Property Act to have them removed.
Trespassing ATV riders
ATV riders can sometimes cause damage to private property or pose a safety risk to others. If you find ATV riders on your property without your permission, the first step is to ask them to leave. If they refuse, you can use the Trespass Property Act to have them removed. It’s worth noting that you may also be able to seek compensation for any damage that the ATV riders have caused to your property.
Conclusion
The Trespass Property Act is an important piece of legislation that gives property owners and occupiers the right to control who enters their land and how they use it. While dealing with trespassers can be a sensitive issue, it’s important to understand your rights and obligations under the Act in order to protect yourself and your property.
If you do find yourself in a situation where you need to use the Trespass Property Act, it’s important to follow the proper procedures and use only reasonable force. By doing so, you can ensure that you are acting within the law and protecting your property in a safe and legal way.
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Learn about the Trespass Property Act in Ontario, Canada, and how it affects property owners and occupiers. Discover the rules and procedures for dealing with trespassers and get tips for handling common scenarios.
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Trespass Property Act, Ontario, Canada, property owners, property occupiers, trespassers, private property, public spaces, legal consequences, excessive force, police, notice, reasonable force, hunters, neighbour disputes, ATV riders
