- Location
- Yorks
Yes the under agent for the estate and myself had a meeting about it with local footpath man a couple years back after footpath lot sent me a snotty letter about access been blocked.@Drillman
One near you, I think it goes across top end of one of your dales.
I wonder what the NFU, CLA etc have to say about this?
I have been known to take a photo of repeat offenders. They don’t seem to like that!Interesting question,if someone is rambling off the official path network and say on one of these ancient defunct paths can you insist they reveal their identity and address?
I‘m pretty sure you can escort them from the property however can you prevent them from leaving if you request their identity.
Is there a legal way of doing this?
@Danllan ?
I want to know where they live to have a family picnic in their garden.I have been known to take a photo of repeat offenders. They don’t seem to like that!
I doubt that will end the way you think it should!I want to know where they live to have a family picnic in their garden.
You can request they leave, you can escort them , you can ask for their identity, but you must not lay a finger on them.Interesting question,if someone is rambling off the official path network and say on one of these ancient defunct paths can you insist they reveal their identity and address?
I‘m pretty sure you can escort them from the property however can you prevent them from leaving if you request their identity.
Is there a legal way of doing this?
@Danllan ?
If it’s just trespass there’s not much the police can do however, If they call you a nasty name it then becomes “aggravated trespass” which is a chargeable offence. I’m pretty sure you have the right to use “reasonable force” to remove trespassers.You can request they leave, you can escort them , you can ask for their identity, but you must not lay a finger on them.
If they refuse to leave, you can ask for police assistance, good luck with that one! You will more likelyget arrestedfor harrassment
Actually you are right, reasonable force can be used to remove a trespasser if they have ignored a request to leave.If it’s just trespass there’s not much the police can do however, If they call you a nasty name it then becomes “aggravated trespass” which is a chargeable offence. I’m pretty sure you have the right to use “reasonable force” to remove trespassers.
Is “reasonable force” actually defined by the law? Because my idea of reasonable force is getting the boys round with a few lengths of 2x4 and having the digger on standby. However others may see this as been slightly “excessive”Actually you are right, reasonable force can be used to remove a trespasser if they have ignored a request to leave.
However be extremely careful, as any “injury” of any sort could appear afterwards and could lead the farmer into court!
Trespassing in residential property is a criminal offence and police should respond to calls for assistance.
That is the problem and reasonable force is most definitely not defined. However I suspect that your version would have slightly more sympathy from the courts if you were up against a couple of van loads of pikies intent on mayhem, than if it was a little old lady out blackberryingIs “reasonable force” actually defined by the law? Because my idea of reasonable force is getting the boys round with a few lengths of 2x4 and having the digger on standby. However others may see this as been slightly “excessive”
Yes, reasonable force, but definitely do not lose your temper, definitely do not put the pallet tines of the forklift under the Hilux full of stolen firewood in an attempt to get your property back (he unloaded it himself so no damage) and be polite to the police when they later show up because they will understand.If it’s just trespass there’s not much the police can do however, If they call you a nasty name it then becomes “aggravated trespass” which is a chargeable offence. I’m pretty sure you have the right to use “reasonable force” to remove trespassers.
Residential property.Actually you are right, reasonable force can be used to remove a trespasser if they have ignored a request to leave.
However be extremely careful, as any “injury” of any sort could appear afterwards and could lead the farmer into court!
Trespassing in residential property is a criminal offence and police should respond to calls for assistance.