OSH Security Practice Test

A person is not trespassing under the Trespass to Property Act if the owner or occupier cannot give a valid reason why they should leave

1. True

2. False

The correct answer is: False

The statement about trespassing under the Trespass to Property Act is indeed false. In legal terms, individuals are generally considered to be trespassing if they enter or remain on a property without the permission of the owner or occupier, regardless of whether the owner can provide a reason for asking them to leave. The property owner's right to control access to their land is a fundamental aspect of property law. Therefore, even if an owner cannot specify a reason, the presence of an individual without permission can still constitute trespassing. The act does not require a valid reason for the individual to be asked to leave; the owner's or occupier's authority over their property is sufficient.