Author Topic: Trespassing - I am so mad!  (Read 22816 times)

escapedtothecountry

  • Joined Feb 2012
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Re: Trespassing - I am so mad!
« Reply #15 on: November 17, 2012, 05:20:12 pm »
I get the whole - oh it was a mistake argument that could be given - say if you strayed off a right of way. My property is a two acre rectangle surronded (dont like them but they were there) by conifers to the right and rear. Poplars to the left and a gate to our drive(on left) , hedging and a gate to paddock on right at the front. At the front the road goes straight by. So what he has done is driven along. Stopped. Looked through hedge and gate to paddock. Seen something he wanted... and just hopped on over... walking in direct view of my french windows (8 door panes of them!) and got caught!


PCSO was meant to come at 2:00pm - came at 4:00pm when we were out. I did actually report it - as for all I know it could be a ruse to see what you have on your property worth pinching.


I know the law - and they will say picking wild mushrooms is OK - yet I get that. Trespass is not - but its not a criminal matter it is a civil one = police don't get involved.


So my question is really, (I doubt he will given I told him what for) where do you stand if he did it again. He isn't committing a CRIMINAL act. It is one of those things that in the scheme of things isn't important - but now its the principal. I don't want others locally to have random people wandering around their property. What if I was away with work - I'm sure it would have been a tad frightening for a woman on their own to seen someone they didn't know entering uninvited.

henchard

  • Joined Dec 2010
  • Carmarthenshire
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Re: Trespassing - I am so mad!
« Reply #16 on: November 17, 2012, 05:24:21 pm »


So my question is really, (I doubt he will given I told him what for) where do you stand if he did it again. He isn't committing a CRIMINAL act.

see

http://www.foragingguide.com/mushrooms/articles/collecting/legal_aspects_of_picking_wild_mushrooms

The more pragmatic solution is to tell him the mushrooms are cultivated (in that you sow the spores - he can't prove otherwise) and perhaps put up a small sign to that effect.
« Last Edit: November 17, 2012, 05:28:57 pm by henchard »

escapedtothecountry

  • Joined Feb 2012
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Re: Trespassing - I am so mad!
« Reply #17 on: November 17, 2012, 05:25:19 pm »
A friend of mine had the same problem, he found out where the person lived and then let himself into his garden and started picking flowers! The fella went mad but I think he got the point in the end  ;) . The problem is people don't see a private field in the same way as a private garden and they should. I would have been hopping mad aswell.


I think its a combination of things - and its partially the fact that the 'field' which is more of a paddock isn't a separate entity but is lets say 30 feet from the most open part of the house... and you shouldn't have to tolerate anyone jumping over and invading your privacy uninvited.


At the end of the day I wouldn't  dream of even going in my mother in laws back garden uninvited yet this stranger thought I was in the wrong for pulling him up!

escapedtothecountry

  • Joined Feb 2012
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Re: Trespassing - I am so mad!
« Reply #18 on: November 17, 2012, 05:28:11 pm »


So my question is really, (I doubt he will given I told him what for) where do you stand if he did it again. He isn't committing a CRIMINAL act.

see

http://www.foragingguide.com/mushrooms/articles/collecting/legal_aspects_of_picking_wild_mushrooms


So he is committing trespass as I knew - and actually he is allowed to essentially keep doing it and only then would I be able to do something about persistent trespass.

jaykay

  • Joined Aug 2012
  • Cumbria/N Yorks border
Re: Trespassing - I am so mad!
« Reply #19 on: November 17, 2012, 05:33:12 pm »
I take all my dogs, making a great show of making them walk to heel (ie they could easily be let loose) and tuck my air rifle under my arm (as i'm just off, on my land, to shoot jackdaws) or the gripe (mucking out fork)  and I go and ask them what they think they're doing?

Sometimes they announce that they're going up to the bridge to photograph steam trains.

That's when my best school-marm, scaring-big-lads-into-better-behaviour voice comes in handy! 'is that right' I ask, my eyebrows shooting up into my fringe, 'where's the footpath?'

Usually by this time they're beginning to suspect they're on shaky ground and they start nervously asking permission, which to be honest, I usually give, having told them I don't expect to find people wandering on my land without having asked, and given them earache about dogs, gates and walls.

The bolshy ones I plant myself in front of and tell them they are not going any further and to remove themselves.

It's all bluff, I can't shoot them, my dogs are softies and I'm on my own - but they don't know that and I wouldn't argue with me  ;)

Re the mushroom-picker, it's a rare person who would repeatedly come back knowing now he's going to get grief, and even if he is one of those blokes who can't be in the wrong  ::) at the time, he'd have to be far fonder of conflict than most people are, to come back.

henchard

  • Joined Dec 2010
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Re: Trespassing - I am so mad!
« Reply #20 on: November 17, 2012, 05:40:18 pm »
Quote


So he is committing trespass as I knew - and actually he is allowed to essentially keep doing it and only then would I be able to do something about persistent trespass.

From my knowledge (I'm not a lawyer) the only remedy for trespass is to sue for damages. If there is no damage then there is no point. That is why travellers can often pitch up on people's land for months' the owner has to get an injunction to remove them.

Hence why I said it would be more pragmatic to say you cultivate field mushrooms (and have a little sign to that effect).



deepinthewoods

  • Guest
Re: Trespassing - I am so mad!
« Reply #21 on: November 17, 2012, 05:51:11 pm »
crikey. talk about being walked over, its not suprising. he is on your property, hit him with a bit of wood. whats he gonna do? report you to the p[olice? i doubt it! if he does its your word against his. no plods gonna do anything.
i believe you have the right to protect yourself still, just about... how are you to know that he isnt there to rape and pillage?

escapedtothecountry

  • Joined Feb 2012
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Re: Trespassing - I am so mad!
« Reply #22 on: November 17, 2012, 05:52:39 pm »
A bigger fence, and gate will do too.  ;D

deepinthewoods

  • Guest
Re: Trespassing - I am so mad!
« Reply #23 on: November 17, 2012, 05:58:10 pm »
there is that yes, but its no where near as satisfying.
 
 
it is somewhat a bugbear of mine, that people feel so unempowered to take action to protect themselves and their property. often ive read on here about similar situations, where people are being 'taken the p..s' out of, and resort to putting up a sign or someother useless idea, whereas a reputation for hitting trespassers with sticks would be much more effective. rant over.
 
my last landlord 'accidentally' shot a trespasser once right in the arse. peppered him with shot, guess what, no one ever went back on his land!!
 
get orf my land!! bang bang! :D

Hermit

  • Joined Feb 2010
Re: Trespassing - I am so mad!
« Reply #24 on: November 17, 2012, 06:11:13 pm »
I know a lot of landowners that translate 'foraging ' as thieving. One gamekeeper I know is also 'asked' to watch out for blackberry thieves, sloe thieves and at this time of year Holly thieves.

happygolucky

  • Joined Jan 2012
Re: Trespassing - I am so mad!
« Reply #25 on: November 17, 2012, 06:16:15 pm »
.........maybe hidden bear traps!!!! :innocent:   maybe a little extream but why can people walk on your land and it not be illegal, people could picnic in other peoples gardens etc.......the law is strange, also, am I not right in thinking they could sue you if they injured themself on your land?

RUSTYME

  • Joined Oct 2009
.
« Reply #26 on: November 17, 2012, 06:19:09 pm »
Lol , yes it's a bit like cricket Dave , that satisfying sound of wood on skull , donk ! , welcome to my world a*shole , now f eckoff my land .
I think half the problem stems from the no consequences pc world we live in now . Some people think they can do whatever they want . Well elswhere they may , but not on my land , i will drop them .
 Unless firearms are involved , plod don't want to know .

RUSTYME

  • Joined Oct 2009
.
« Reply #27 on: November 17, 2012, 06:23:41 pm »
Yes they can Sandy . The world has gone bonkers .

deepinthewoods

  • Guest
Re: .
« Reply #28 on: November 17, 2012, 06:29:07 pm »
  welcome to my world a*shole , now f eckoff my land .

 
thats precisley the point i was trying to convey, i salute your eloquence, sir
 :roflanim:
 

happygolucky

  • Joined Jan 2012
Re: Trespassing - I am so mad!
« Reply #29 on: November 17, 2012, 06:33:42 pm »
I agree, I think if it happens again run out naked, shouting with a big axe in your hand (was going to say chopper but that would be rude)

 

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