Trespassing

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What would be the penalty if somebody was caught on someone else's land? Not doing any damage, just looking around the grounds, say, of a large home?
There are many public paths going through the grounds, but if someone was to stray, what would be the punishment? They wouldn't have entered any buildings or done any damage?

I haven't trespassed, seriously!

No, really!

Thanks!
 
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So no fines? No court appearence? Just a "get off my land"?
We're talking a "stray" of hundreds of metres, and a stay of perhaps an hour.
Wow, this sounds really dodgy... it's not, trust me.
 
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You're committing a civil offence so the owner could sue in trespass and would undoubtedly win.

It's been a while since I studied the tort of trespass to land but chances are damages wouldn't be significant and may even be nominal. But you do face the risk of going to court, albeit more a theoretical risk as it's unlikely it would happen.
 
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fatiain said:
Nope nothing. You may get a talking to off the OB, if they can be arsed to turn up.

Look, here.

Mint, I don't think any of those would be broken.

It is precise, yes. That's because it's an exact situation, that just hasn't actually happened.

If anyone is familier with "Welbeck", they should know exactly what I'm up to...
 
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As long as you cause no damage I doubt ther eis a lot they could do. The laws against tresspass are surprisingly weak in my opinion.

For a start I think that if you tresspass you should forfeit your right to duty of care... If you fall down the stairs in my house when you break in because a step is loose, it should be tough luck!
 
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depends on country as well. In scotland, we are a free and liberated by such draconian rules and there is a ritght to wander. Means you can hike up mountainsa nd stuff as you see fit as long as you cause no damage.
 
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singist said:
civil offence

not criminal.
Unless it is trespass in crown property, which is handled slightly different, iirc.

PeterNem said:
As long as you cause no damage I doubt ther eis a lot they could do. The laws against tresspass are surprisingly weak in my opinion.
It is possible to take out an injunction to prevent trespass.

PeterNem said:
For a start I think that if you tresspass you should forfeit your right to duty of care... If you fall down the stairs in my house when you break in because a step is loose, it should be tough luck!
Unless, for example, you have made entry appear enticing (particularly for younger folk).

For example, if you own an abandoned trampoline factory, with old trampolines on display, and poor security - If a child gains entry and hurts itself, you would most likely be liable - I forget the point of law this references.
 
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Cobra said:
Mint, I don't think any of those would be broken.

It is precise, yes. That's because it's an exact situation, that just hasn't actually happened.

If anyone is familier with "Welbeck", they should know exactly what I'm up to...
Welbeck as in the army college?

Your not a tabloid hack after a story by sneaking past their security are you? :p
 
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I missed the Welbeck bit - My guess is that, being MOD, that counts as Crown property, which (iirc) has different implications regarding trespass.
 
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Just remember one thing: if you tresspass on military property, at best you'll receive a beating from the MOD police and a dog will hump your leg. At worst, they'll shoot you.

Civil tresspass laws do not apply to military property.

Just to add, if you are on military property, you are technically subject to military law even if you are a civilian yourself. This is obviously camp-dependant, some enforce this more than others.

/edit: the same probably doesnt apply to Welbeck, however the penalties would be more severe than simple civil tresspass. Be warned.
 
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