Tresspass Laws

[Phillips Jerry]

Could someone explain the Tresspass laws to me, is it a civil or criminal offence . What can someone do if you are tresspassing ? When is a sign legal ,how do find out if it's legal. How do you find out if there's a bylaw in place.

 

[jods]

http://en.wikipedia.org/wiki/Trespassing

 

[Phillips Jerry]

Thanks jods it it is a bit to general I was after British Treapass law, having a hell of job trying to find out about bylaws. If i ever live in Texas it's handy to know i can shoot trespassers /forum/smilies/smile_smiley.gif

 

[keora]

Jerry, try this search on google, making sure you fill in the little box specifying UK sites only:

trespass laws english

The information at naturenet.net/law/common looks useful.

 

[jods]

what dont you understand? you trespass or you dont? little chance you will be prosecuted unless you damage property, poach game, or trespass any land owned by railways. The last point being a major you trespass on any rail owned property you willl be convicted.

 

[jods]

sorry to be so curt but feel free to pm me if you need more explanation.

 

[Ben Haigh]

going guesting jerry?

 

[Mark Wintle]

The simple answer is that they can ask you to leave and use 'reasonable force to do so'. If you persist they can call the police to help remove you. MOD land and Railway land is different. Itis possible to take an injunction against someone to stop them trespassing; if they break the injunction they could be jailed for contempt of court.

From memory, you are fishing tidal waters (river Hamble?). The foreshore between high and low water is crown property generally and there is access provided you can get to it in the first place!All this may change with new laws that are aiming to increase access to the foreshore on tidal water though there are many aspects to consider like SSSIs, estuaries, marinas etc.

Be a bit more specific on what you are being prevented from accessing and it may be easier to help you.

 

[Phillips Jerry]

I willtryto explain

no 1 I 'm fishing a saltmarsh but someone has put a sign up private property, when I checked with the HarbourMaster he told me it was council land andI had every right to be there he also told me I can fish below the high water mark as this is crown estste.So when is a sign legalwhen is it not ?

no 2 Checked on my local city map for the rights of way and were I'm fishing is on there but I have some jobsworth telling me it's private so who is right ? and if I am wrong what can they do about it, they have also put signs up saying no fishing ect I think these signs are ilegal but it difficult to access the bylaws .

 

[Mark Wintle]

It sounds like there is the possibility that the saltmarsh is being managed as a SSSI or some sort of reserve due to its importance for wading birds, possibly in collaboration with Natural England (formerly known as English Nature) or the RSPB. If the Council own it then they should be able to tell you if this is the case. Also try to find out the local Natural England office as they may well also know.

It is also possible (as I know from a similar situation more local tome) that the signs have no legal bearing whatsoever and it is some over-zealous birdwatchers trying to keep every one off.

First thing to check is there anything on the signs indicating who put them there?

Second, are there wardens managing the area? The harbourmaster may know this.

Thirdly check the local Natural England office.

Finally check with the council.

 

[Colin North, the one and only]

I understood that the act of trespass is no longer a criminal one, but a civil one. I also understand that to enforce a civil right, oneneeds the intervention of the Court. As long as you are not damaging property, thereby committing a criminal act (criminal damage) and as long as the trespass is not long term or persistent (parking a caravan or something for days at a time) it is hardly likely that a Court would have time to intervene anyway.

 

[Phillips Jerry]

This is the problem I am having is pepole erecting signs with no legal athourity, the worst out of the lot is M D L who own several marinas in Hamble River they also have ocean village in Southampton thats alive with big mullet. I fished in there today and had the Police boat within 20 yrds of me ,nothing was said so I will carry on fishing,I am not fishing in the marina itself this would be asking for truboule