Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Trespass

  1. #1

    Trespass

    Further to my 'issues' with a certain firewood pincher recently, I was just wondering if any of you chaps on here who own land or know of anyone having ever pursued the issue of trespass legally or otherwise, and what your outcomes have been? Has it been worth it?

    The shift change (certainly where I have the land) has been to second home ownership / holiday homes and it feels like every man (and his uncontrolled dog) feels they can deviate massively off-footpath and over into adjoining fields. It bothers me more and more as we let the grass keep and I also have a longer term plan/dream to run a small herd of Fallow there.

    Welcome your thoughts.....
    Last edited by Hereford; 23-03-2015 at 17:37.
    For Gods sake - don't tell her how much I've spent

    Ctrl-Alt FACT

  2. #2
    Criminal justice act 1994, covers it, expensive but not impossible , your problem is the different people you would have to serve.
    best option could be to politely issue repeat offenders with a letter informing them of your options if they persist in walking there. Have you posted the entrance they are using, as although ignorance is no excuse in the eyes of the law, your failure to inform could be a mitigating factor.
    Also make sure the footpath is well signed.

  3. #3
    Thanks Taff - we have thoroughly way-marked the footpath with yellow arrows as per, have put two new stiles in where it crosses two hedgerows and either end a laminated 'Please keep your dog on a lead' signs.

    I think I will write to the main protagonist and leaflet drop the holiday homes nearby - I suppose what I don't want to end up with is a situation where I have no option but to shoot someone's dog - it doesn't sit right with me as it's not the dogs fault - once last November it came close but I put two barrels in the air instead. It annoys me that I lay it to pasture and they walk on it - drill it and no one wants to get their boots dirty
    For Gods sake - don't tell her how much I've spent

    Ctrl-Alt FACT

  4. #4
    Unless there has been damage or theft, you might not get enough damages, if any at all, to cover your costs. If you go for an injunction to stop further trespass, they are then in contempt of court if they continue to trespass and that is more serious in the eyes of the law.

  5. #5
    Quote Originally Posted by Taff View Post
    Criminal justice act 1994, covers it, expensive but not impossible , your problem is the different people you would have to serve.
    best option could be to politely issue repeat offenders with a letter informing them of your options if they persist in walking there. Have you posted the entrance they are using, as although ignorance is no excuse in the eyes of the law, your failure to inform could be a mitigating factor.
    Also make sure the footpath is well signed.
    one of my farmers asked the council for footpath signs & got them telling dog walkers to keep to footpaths & to keep there dogs on leads,if there dogs worry or chase livestock the farmer is within his rites to shoot them,every one keeps his/her dogs on A lead &keeps to the public footpaths also there dosn,t seem to be so many dog walkers about .

  6. #6
    Quote Originally Posted by Hereford View Post
    Further to my 'issues' with a certain firewood pincher recently, I was just wondering if any of you chaps on here who own land or know of anyone having ever pursued the issue of trespass legally or otherwise, and what your outcomes have been? Has it been worth it?

    The shift change (certainly where I have the land) has been to second home ownership / holiday homes and it feels like every man (and his uncontrolled dog) feels they can deviate massively off-footpath and over into adjoining fields. It bothers me more and more as we let the grass keep and I also have a longer term plan/dream to run a small herd of Fallow there.

    Welcome your thoughts.....
    Expensive option but did you pick up on the guy in Frome who fenced in the footpath that ran across his land?
    Like you his land was down to grass but his problem was all the professional dog walkers that "used" his field to exercise the dogs in their care.
    Loadsa squealing from them when the Tunnel was built but it certainly worked

  7. #7
    SD Regular willie_gunn's Avatar
    Join Date
    Aug 2008
    Location
    Oxfordshire, Wiltshire, Berkshire....and Sutherland
    Posts
    7,000
    View my Gallery (19)View my Gallery (19)
    If you're considering shooting a dog worrying livestock you might want to appraise yourself of the law and read these articles first:

    Destroying dogs that attack - National Sheep Association

    Your legal rights on shooting dogs on your land - Farmers Weekly

    Nothing is ever as simple as it seems.
    O wad some Power the giftie gie us to see oursels as ithers see us!

  8. #8
    Quote Originally Posted by willie_gunn View Post
    If you're considering shooting a dog worrying livestock you might want to appraise yourself of the law and read these articles first:

    Destroying dogs that attack - National Sheep Association

    Your legal rights on shooting dogs on your land - Farmers Weekly

    Nothing is ever as simple as it seems.
    Willie - thank you for this - I was aware that you had to notify the police within 48hrs however I wasn't aware that I could be breaking the conditions on my certificate!

    I think exercising caution last November was wise, especially considering the lengths (local) bobble hats research their rights.

    That is an odd condition to apply for and I've never seen any guidance notes (that jump out at you) for it - it is something I must consider (and then there's the whole can of worms as to what calibre it would fall under).

    I'm not keen on fencing a tunnel for the duration of the route as I'm not that pedantic - the costs from the keep just about cover the hedge cutting, fence mending and PL we have to have.

    You used to be able to talk with local people sensibly - now you just don't know so many people these days - I wouldn't really mind if they just kept them on the lead when the sheep are on there. This has probably been the biggest stumbling block to me pursuing my wish to run a small herd of Fallow on there.
    For Gods sake - don't tell her how much I've spent

    Ctrl-Alt FACT

  9. #9
    Having had a fair bit of experience with trespass in the context of illegal canoeing the position is simple yet very difficult to resolve. If anyone steps onto land (or water) without permission and where there is no public right of access they are committing a trespass. Trespass is a civil offence and the police are not interested so it is down to the landowner to take the offender to court. Firstly you have to be able to identify the trespasser in order to issue proceedings and if they give a false name or even refuse to give any name you are snookered before you start.

    Even if if you get them to court and prove your case you are very very unlikely to recover the cost of achieving this or see a punitive fine issued so you really need to want to make a point to go to court. If someone else trespasses its a completely new case and off you go again. Quite frankly there are very few circumstances in which you could justify a case for starting proceedings on a practical basis.

    There are exceptions, if the trespassers become aggressive, it potentially becomes aggravated trespass which is a criminal offence and the police will now attend. If weapons are involved (poaching) it becomes armed trespass and the police will take a keen interest. If the trespassers are denying you income, e.g. fishing without payment or taking game they are guilty of a crime under the Theft Act and again of course this is a criminal offence.

    With the canoeists there has been much greater success in proceeding against them or deterring them on the basis of offences under the Theft Act and Salmon and Freshwater Fisheries Act (disturbing spawning fish) than trespass.

    Also, forget things like razor wire, mantraps and other deterrents, as believe it or not, you have a duty of care towards your trespassers.
    Last edited by paul k; 24-03-2015 at 12:45.

  10. #10
    You may consider using a similar ploy as I've seen used against out travelling friends. Spray slurry along the ground both sides of the footpath. Not many dog owners want their dogs going home stinking of sh*te! & you are simply fertilizing your ground.

    Or maybe lay a corridor of electric fencing along the footpaths at doggie level.

    Ian
    Last edited by Yorric; 24-03-2015 at 13:38.

Similar Threads

  1. Replies: 41
    Last Post: 29-07-2013, 11:20

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •