FAQ : Trespass

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FAQ : Trespass

Postby Angelisle » Wed Jul 06, 2005 11:06 am

Trespass

Each time people come on to your land without your permission, they are trespassing. Some people have implied permission to be there for particular purposes, to call at the front door, to deliver the post and milk, or to collect the refuse. Unless you specifically exclude everybody by sign or fences, people can cross the boundary within certain limits. However, if those people start wandering over your garden or stay after being asked to leave, they have gone too far.
You can build fences around your home; the general rule is that you do not need any planning permission to build your own fence up to two metres high where it joins your neighbour's land or one metre where it joins a public road, path or pavement. Local Authority guidelines may differ so check with the planning department at your local council first, and also look at your deeds to ensure there are no 'restrictive covenants' preventing the building of fences.
If a friendly word doesn't stop unwanted visitors you're perfectly entitled to bar their way, by planting a hedge, putting up a fence, or by standing in the way. Think carefully about what obstacles you put up, you can't set a trap that will harm, nor use barbed wire or broken glass around a domestic property because it may injure unsuspecting people, particularly children.
You must always be prepared for trespassers, especially young ones. Children cannot always read warning signs and may not realise how dangerous things like barbed wire are, if they injure themselves, even if they are not meant to be on your land, you could be responsible. When faced with repeated trespass by a neighbour, you can apply to the County Court for an injunction. If the intruder has caused damage, you can claim compensation as well, but unless the damage is serious this is unlikely to be much. Trees can also cause trespass and so can animals, their owner in each case, is responsible for them.
Contrary to popular belief, trespassers cannot be prosecuted; it’s not a criminal offence merely to walk on somebody else's land. If it’s a public right of way you are entitled to be there as long as you stick to the footpath. If however its private land with no established right of way, the landowner can apply to a court for an injunction to prevent you walking that way again, if you then ignore that you will be in contempt of court, and the penalty for contempt is jail. You may also have to pay compensation for any damage you cause, although if you have been careful this is unlikely to be much. Only if you are deliberately causing damage can the police intervene and prosecute for criminal damage.
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Postby Have Hammer » Sun Jun 24, 2007 1:37 pm

Quick Question. Delivering leaflets I pushed one through a householders letter box, the dog, an Alsatian, was known to wait behind the box in the hallway and was allowed to grab the mail and occasionally it got hold of someones fingers. The mutt bit me quite badly, my hand was bleeding heavily and no more work could be done for the day because the leaflets were being soiled with blood.

I knocked on the door the owner answered and he was grinning, it seems every time the dog got someone it was a family great joke. I was one of many, I reported this to Thirsk Police and got the message back I was a tresppasser and deserved what I got, implying I had no right to be there.

I know a Law Lord would rule differently but off the cuff what are your views. Today I sport the scar still.
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Postby Conveyancer » Sun Jun 24, 2007 4:35 pm

You were not trespassing.

I am not an expert on the law of tort, but I would have thought this was a case of strict liability. You should have gone to see a personal injury lawyer, not the police!
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Postby chica » Tue Feb 05, 2008 3:21 pm

What about this then?

neighbour coming in our garden whilst no-one home taking photo's!!!

Also neighbour refusing to leave when asked nicely to do so!

Called the police and they were not interested as mentioned above because neighbour wasn't causing any damage nor were they being threatening, so i'm just to let him stand there?!

Does this mean i can just go and stand in his garden? (not that i would)


xxx
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Postby chica » Tue Feb 05, 2008 6:07 pm

Its all to do with a boundary dispute. :cry: He's basically taking pics of our garden!

I can't believe the man would have the nerve to go into someone elses garden and do what he's done. He must be watching us and waiting until we've gone out! If he'd have asked i'd have let him in to take pictures as we've got nothing to hide.

Hope he's doesn't have pics of the children in the garden! :twisted:

He's a silly old man, its just a bit creepy knowing you are being watched!

It also makes me a little angry that there seems to be nothing you can do about it.
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Postby chica » Tue Feb 05, 2008 8:16 pm

oh my gosh following you in a car :shock: i'd censored meself if my neighbour started that!!!!!!

As far as i am aware the only proof i have are the pics he has actually submitted as part of his evidence. He could have more tho that we don't know about!! God knows how often he has actually been over! We have got a gate now that is always locked so he would actually have to climb over the fence.

We have the other neighbours keeping a look out just incase.

Its unbelievable what some people do! :twisted:

I was horrified when i 1st saw the pics, the thought of him noseying about I even keep my patio blinds closed now!
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Postby chica » Tue Feb 05, 2008 9:02 pm

:lol: :lol: :lol:

That made me giggle.

Will have me eyes peeled in the future. :wink:
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Postby Lilac Frost » Wed Feb 06, 2008 4:49 pm

WRS says to gently place your hand on their back to escort them away. Can you actually touch them at all? OK it would be their word against yours? I ask this just in case any one was filming the incident.
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Postby Grenze » Wed Feb 06, 2008 6:18 pm

Lilac Frost wrote:WRS says to gently place your hand on their back to escort them away. Can you actually touch them at all? OK it would be their word against yours? I ask this just in case any one was filming the incident.

If they will not leave, and by the route you specify, then you may use reasonable force to eject them.
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Postby essex_chris » Mon Dec 28, 2009 5:47 pm

Reading here about barbed wire in regards to a domestic property - we've been having a problem with a twin wire barbed wire fence being erected in our driveway during a domestic dispute.

We were under the impression that this was considered acceptable? Could somebdoy give me a link or more information on this being unacceptable?

We are a domestic property and family home next to a field with horses in which are contained by an electric fence.

The barbed wire fence is erected on the outside of the electric fence and as such the use of barbed wire serves no purpose in keeping the horses or other livestock within the field
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Re: FAQ : Trespass

Postby Unicorn » Mon May 14, 2012 7:31 pm

The fact is the Police are improving their service by cutting back on trivialities, if next doors dog bites you that's a triviality. If the same dog bites a Policeman then they will have it destroyed. I rung the Police last year because a guy had broken in to the house 3 doors down, he was a burglar. I rung the Police, no one came out, so I waited at my neighbours gate to catch the theft, he must have seen me as he slipped through the back and galloped off across the back gardens and sped off. I searched the neighbourhood by car and found him and again phoned the Police, result not one bit interested. You see what do the Police gain by catching criminals? It's okay in the summer, it's great doing all those finger tip searches when the suns shining and as soon as the TV cameras have gone then back to the office for tea and a cosy two hour read of the Star. If your lucky Sergeant Plod might put you on crowd control Manchester vs Liverpool, home for 5 pm and double pay. But you must admits it's an unsociable job, mostly because thieves work in the winter, can you believe it they work in rain, snow and ice. Well you can forget chasing that lot mate, its not okay in the winter and crime arrest figures can drop to 3 vagrant arrest/s per week per 1000 plods and eveyone's happy. To stop the public moaning all our coppers were issued with stab vests, it made them look like real heroes, great big crime-fighters, the first week a Policewoman stabbed her boobs with it, they got caught in the zipper, well that was good news for her, she had 6 months off on full pay and took early retirement due to stress. She was going to pack the job in, but like her colleagues found it's much better to trip over a kerb and get yourself rushed to the hospital, then you get invalided out and waved good by from the Chief Plod. In Scotland the Polce have 3 stripes on their sleeves, it's to remind them the Chief thinks there a 3 times loser and should be in jail.
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Re:

Postby cobdale » Fri Feb 15, 2013 11:22 pm

chica wrote:What about this then?

neighbour coming in our garden whilst no-one home taking photo's!!!

Also neighbour refusing to leave when asked nicely to do so!

Called the police and they were not interested as mentioned above because neighbour wasn't causing any damage nor were they being threatening, so i'm just to let him stand there?!

Does this mean i can just go and stand in his garden? (not that i would)


xxx
there is such a thing as aggravated trespass not sure if that's still civil and then there is trespass with intent which is a criminal offence
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Re: Re:

Postby cobdale » Fri Feb 15, 2013 11:27 pm

cobdale wrote:
chica wrote:What about this then?

neighbour coming in our garden whilst no-one home taking photo's!!!

Also neighbour refusing to leave when asked nicely to do so!

Called the police and they were not interested as mentioned above because neighbour wasn't causing any damage nor were they being threatening, so i'm just to let him stand there?!

Does this mean i can just go and stand in his garden? (not that i would)


xxx
there is such a thing as aggravated trespass not sure if that's still civil and then there is trespass with intent which is a criminal offence
and you can use reasonable force if some one wont leave your property ,I led the bbc licensing officer off my property when he would ent go
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Re: Re:

Postby cobdale » Sat Feb 16, 2013 2:13 am

cobdale wrote:
cobdale wrote:
chica wrote:What about this then?

neighbour coming in our garden whilst no-one home taking photo's!!!

Also neighbour refusing to leave when asked nicely to do so!

Called the police and they were not interested as mentioned above because neighbour wasn't causing any damage nor were they being threatening, so i'm just to let him stand there?!

Does this mean i can just go and stand in his garden? (not that i would)


xxx
there is such a thing as aggravated trespass not sure if that's still civil and then there is trespass with intent which is a criminal offence
and you can use reasonable force if some one wont leave your property ,I led the bbc licensing officer off my property when he would ent go
next time he,s in the garden throw a brick through your own window and say he did it :D :o :twisted: :wink: JOKING
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Re: FAQ : Trespass

Postby rosa » Tue Apr 30, 2013 1:30 pm

Hi All
My neighbour who is moving to the property upstairs had his furniture delivered yesterday evening while he was away.
The delivery man parked everything in my front garden before I got back home and was waiting for someone to let him inside. I said I did not know about the delivery and did not have keys/access to the flat upstairs. Apparently the keys were left with some shopkeeper but he was not around either.
How can you get more disorganised than this?
Neighbour was called once, twice, message was left on his answer phone but no answer.
After which, I assumed that another delivery had to be organised the next day and the staff removed from my garden.
Of course not, this would be far too normal.
The delivery man insisted that he did not want to "pack and go so" so his only chance was to wait around for someone else to come and open the door for him. In fact I felt a bit sorry for the poor sod. However, I was being very graceful in letting him use my space and did not get angry with him for one moment. Then, I opened the door this morning and the unexpected had happened.
This delivery man had gone and left everything outside my door in my front garden during the night.
Neighbour has still not answered to any call / message/ email sent about it and I can start feeling slightly abused for my patience...
I am thinking what can I do if he does not remove his horrible cheap furniture from my front garden soon?
Am I responsible if anything happens to his staff (I am talking about beds, wardrobe etc...etc...), like a bird crapping on it or a cat pissing on his mattress or acts of theft and vandalism (and I am starting to get excited about the latter)?
Or rather, because any reason is a good reason not to come into work should I be expected to look after this staff left to all night in my property without my consent?
How should I interpret this?
How to deal with this highly intelligent, collaborative, and productive member of our community?
Any advice you can give should I find his staff still there tonight?
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