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Trespassing

Discussion in 'General Discussion' started by _PD_, 19 Feb 2006.

  1. _PD_

    PermaBanned

    Joined: 30 Dec 2005

    Posts: 1,904

    Location: 16,000ft

    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!
     
  2. fatiain

    Sgarrista

    Joined: 16 Oct 2004

    Posts: 7,655

    Location: Pratislava, Berk-shire

    Nothing, if there's no damage.
     
  3. _PD_

    PermaBanned

    Joined: 30 Dec 2005

    Posts: 1,904

    Location: 16,000ft

    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.
     
  4. fatiain

    Sgarrista

    Joined: 16 Oct 2004

    Posts: 7,655

    Location: Pratislava, Berk-shire

    Nope nothing. You may get a talking to off the OB, if they can be arsed to turn up.

    Look, here.
     
  5. Johnny Girth

    Wise Guy

    Joined: 20 Oct 2004

    Posts: 1,485

    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.
     
  6. Kerplunk

    Sgarrista

    Joined: 10 Jan 2006

    Posts: 9,029

    Location: Bournemouth tbh

    Bit precise..? ;)
     
  7. _PD_

    PermaBanned

    Joined: 30 Dec 2005

    Posts: 1,904

    Location: 16,000ft

    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...
     
  8. Shifter_Hull

    Wise Guy

    Joined: 24 Oct 2005

    Posts: 1,139

    Location: Hull

    Nope nothing
     
  9. singist

    Mobster

    Joined: 18 Oct 2002

    Posts: 4,446

    Location: Student Hell Headingley

    civil offence

    not criminal.
     
  10. PeterNem

    Sgarrista

    Joined: 15 Feb 2003

    Posts: 8,322

    Location: NJ/NY, USA

    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!
     
  11. D.P.

    Caporegime

    Joined: 18 Oct 2002

    Posts: 31,318

    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.
     
  12. Borris

    Caporegime

    Joined: 25 Oct 2002

    Posts: 30,410

    Unless it is trespass in crown property, which is handled slightly different, iirc.

    It is possible to take out an injunction to prevent trespass.

    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.
     
  13. wordy

    Soldato

    Joined: 30 Nov 2005

    Posts: 6,875

    Location: Rotherham.

    Welbeck as in the army college?

    Your not a tabloid hack after a story by sneaking past their security are you? :p
     
  14. Borris

    Caporegime

    Joined: 25 Oct 2002

    Posts: 30,410

    I missed the Welbeck bit - My guess is that, being MOD, that counts as Crown property, which (iirc) has different implications regarding trespass.
     
  15. Cueball

    Wise Guy

    Joined: 24 Sep 2005

    Posts: 1,395

    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.
     
    Last edited: 20 Feb 2006