Question Details: This land is awaiting title and the person who threatened to trespass me currently holds the title. The subdivider has allowed me to graze my horses on the subdivision. The original landowner doesn't want me there, can they trespass me?
Filed under Property Law | 1487 View(s)
Yes, the current owner can force you off the land.
Any owner of land can force anyone off their land who does not have a legal right to be there. They can use a trespass notice to do that. An agreement with the incoming owner does not give you a legal right to use the land at the moment. However, you will be able to use the land once that next person becomes the legal owner of the land.
If the incoming owner has made a deal with you promising that you could use the land, and you will suffer a substantial loss by not being able to use the land, you may want to seek your own legal advice to see whether you can claim any of this loss from the incoming owner. For help finding a lawyer, see www.lawsociety.org.nz .
Answered 19 Sep 2013. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.