Revoke implied right of entry

Example 1

Revocation of Implied Right of Entry to property described as xx Smith Street, Bloggsville. Any and all Implied Right of Entry is hereby removed, trespass damages apply of 32oz gold per trespass (or pursuant to Fee schedule ID XXX or the No Trespass sign on that property). No Lawful Right Of Entry without a lawfully executed, valid in law warrant, on the King’s business. Any and all permissions to photograph or video on, of, over or within the property described above is also revoked. Each photograph or video taken shall be treated as a trespass.

Example 2 (needs editing, and remove all caps)

To all it concern WARNING NOTICE to anyone having business/visiting
NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLIES
NO TRESPASS
NOTICE REMOVAL OF IMPLIED RIGHT OF ACCESS
You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says.

I hereby give notice that the implied right of access to the property known as and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of any CORPORATE BODY (i.e. Company) howsoever named and,

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve “with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property”

COMMON LAW JURISDICTION APPLIES EXCLUSIVELY

Please also take notice that this country is a Common Law jurisdiction and any transgression of this notice will be dealt with according to Common Law.
Any and all access to the above mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury. You are deemed to have been served this notice with immediate effect. There will be a charge of xxx/gold/$ for any incursion what so ever.
In sincerity and honour, without ill-will, frivolity, or vexation
Without any admission of any liability whosoever, and with all Indefeasible Rights reserved.
Errors & Omissions Excepted.

Example 3 (source: https://fightcorruptpolice.com/)

Legal Notice
No Trespassing
This Is A Private Close, Breaking This Close Is Expressly Forbidden
Exclusion Notice-Private Property
To All Men, Women, Persons, Corporations, Entities, Police, Government, Sheriff, Bailiff, Process Server, Council, Private Investigators Trespass Damages Shall Apply Upon One Step of This Property without Established Consent by The Occupier
Minimum Penalty: – Ten Thousand Australian Dollars (10,000.00) Per Person Per Entry
Penalty at discretion of occupier-Due 21Days.
By your trespass you agree to provide your details of your private information for claim of damages.
Authorised Precedents:
PLENTY v DILLON [1991] HCA 5; (1991) 171 CLR 635 F.C. 91/004 (7 March 1991)
HALLIDAY v NEVILL [1984] HCA 80; (1984) 155 CLR 1 (6 December 1984)
GEORGE v ROCKETT [1990] HCA 26; (1990) 170 CLR 104 (20 June 1990)
NSW v IBBETT [2006] HCA 57; (2006) 231 ALR 485; (2006) 81 ALJR 427 (12 December 2006)
KURU v STATE OF NSW [2008] HCA 26 (12 June 2008)
HALLIDAY V NEVILL (1984) HCA 80 (1984) 155 CLR 1 (6 December 1984)
Exodus 22:9 For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
NOTICE TO AGENT IS NOTICE TO PRINCIPAL-NOTICE TO PRINCIPAL IS NOTICE TO AGENT

See also

Trespass
Plenty v Dillon
ROMANI v State of NSW
Example Council Notice 1 v2-2 document from: https://thebiglandgrab.com.au/

Trespass

NO_TRESPASS_NOTES (pdf)
Excerpt:
In Australia, a private land owner has the paramount right of possession. This is highly evidenced by the right to refuse entry.
A person renting land also has legal possession for the purpose of evicting a trespasser.
There are only two ways of legally entering private property;
1. Implied Right of Entry
2. Lawful Right of Entry
The reason for entering determines whether or not entry is trespass. Any entry for a purpose outside of these 2 points and without permission is trespass.
The burden of proof lies on the trespasser to show there was no criminal purpose
1. A reasonable excuse is not acceptable as a lawful excuse
2. A mistake is not acceptable as a lawful excuse
3. Entering to fulfill a purpose outside of an Implied and Lawful Right of Entry can not be accepted at law.
Any person who enters using a lawful right of entry and abuses that right, becomes a trespasser ab initio (from the beginning). A person must enter land lawfully.
In order to refuse entry to any person prior to entry, the land owner must
1. Notify that person or persons that all right of entry has been removed and/or
2. Lock the gates and/or
3. Place a No Trespass sign at all entry points

 

In Challis’s Real Property
Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:-
(1920) 33 CLR 1 at 42
ISAACS J. In Challis’s Real Property, 3rd ed., p. 218,
https://archive.org/details/challisslawofrea00chaliala/page/218/mode/2up
it is stated with perfect accuracy:—

In the language of the English law, the word fee signifies an estate of inheritance as distinguished from a less estate; not, as in the language of the feudists, a subject of tenure as distinguished from an allodium. Allodium being wholly unknown to English law, the latter distinction would in fact have no meaning.
A fee simple is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law. It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste; and, for all practical purposes of ownership, it differs from the absolute dominion of a chattel, in nothing except the physical indestructibility of its subject.
Besides these rights of ownership, a fee simple at the present day confers an absolute right, both of alienation inter vivos and of devise by will.

Challis’s Real Property full book as txt  ChallisRealProperty (docx)

In the High Court of Australia, in a decision in the case The Commonwealth v New South Wales, Justice Isaacs spoke of “fee simple” as follows…

In the language of the English law, the word fee signifies an estate of inheritance as distinguished from a less estate… A fee simple is the most extensive in quantum, and the most absolute in respect to the rights, which it confers, of all estates known to the law. It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste; and, for all practical purposes of ownership, it differs from the absolute dominion of a chattel, in nothing except the physical indestructibility of its subject. Besides these rights of ownership, a fee simple at the present day confers an absolute right, both of alienation inter vivos and of devise by will.

 

Posted by Jillian