In article , Nick Maclaren
writes

Some 40 years ago, there was a case where a farmer tried to get
an injunction to prevent gypsies from picking mushrooms from his
fields. The case hinged on whether the mushrooms were his
property (i.e. Norman rather than Roman law), and hence whether
the gypsies' action constituted trespass. But, without evidence
of damage, you cannot get an injunction to prevent someone passing
over your property, as there is no tort.

We've had a Tory government since then who changed the law of trespass.
If you have an unfenced area you can put up a Highways Act notice
stating that the land is not dedicated as a highway, as you will see on
many buildings on big cities. This is to prevent an area becoming a
highway through use. You can enforce this notice if required.

Jon
--
Jon Rouse

In article ,
Jon Rouse wrote:
In article , Nick Maclaren
writes

Some 40 years ago, there was a case where a farmer tried to get
an injunction to prevent gypsies from picking mushrooms from his
fields. The case hinged on whether the mushrooms were his
property (i.e. Norman rather than Roman law), and hence whether
the gypsies' action constituted trespass. But, without evidence
of damage, you cannot get an injunction to prevent someone passing
over your property, as there is no tort.

We've had a Tory government since then who changed the law of trespass.
If you have an unfenced area you can put up a Highways Act notice
stating that the land is not dedicated as a highway, as you will see on
many buildings on big cities. This is to prevent an area becoming a
highway through use. You can enforce this notice if required.

Yes and no. As far as I know, they did NOT change the law of
trespass as such, but they did tinker around the edges. Hence
the appalling CJPOA and the rules you mention.


Regards,
Nick Maclaren,
University of Cambridge Computing Service,
New Museums Site, Pembroke Street, Cambridge CB2 3QH, England.
Email:
Tel.: +44 1223 334761 Fax: +44 1223 334679

What seems to have been missed is that the path is the only legal acces to
your front door. Crossing the lawn is trespass. If you write "Daves letters"
you might point this out.

--
Stephen Jay

Stephen, I'm afraid I don't quite understand the last sentence of your post.
Can you explain please? I may be a little obtuse at times, but you've lost me
on this one.

Dave.

You said earlier
..................................... You may feel that you would like to
write a few
letters to the newsagent, dairy company, etc. Taking a photo of the
culprit
half way across your lawn may also work wonders. Embarassment (and fear of
disciplinary proceedings) often causes employees to change their modus
operandi.


--
Stephen Jay


DaveDay34 scribbled:

What seems to have been missed is that the path is the only legal
acces to your front door. Crossing the lawn is trespass. If you
write "Daves letters" you might point this out.

--
Stephen Jay

Stephen, I'm afraid I don't quite understand the last sentence of
your post. Can you explain please? I may be a little obtuse at
times, but you've lost me on this one.

Dave.