Can I be forced off someone’s land, although they are planning to subdivide and the incoming owner does not mind me using the land?

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 | 1747 View(s)

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Answers by Lawyers

Community Law Wellington & Hutt Valley

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 .

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