Is this trespassing?

dowie said:
doesn't make it OK to go snooping around someone's driveway or property because you're feeling nosey

also under some circumstnaces, like if you do it at night the homeowner might well beat the **** out of you and also not be committing a criminal offence
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Agreed. People in the countryside are very twitchy, loads of farms and stables getting done over these days. Wouldn't be surprised if the op photo isn't all over Facebook warning people to watch out for someone casing places.

Motorbikes on bridleways are a big problem too.
 
Longbow said:
Not true at all unless the person on the driveway attacks the landowner.
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doesn't have to

you can use reasonable force to remove a trespasser

under some circumstances you can kill a trespasser even if they're a police officer who has your house under surveillance:

for example:

https://en.wikipedia.org/wiki/Kenneth_Noye#Brink.27s-MAT

Active as a fence, Noye was among those involved in laundering a huge quantity of stolen gold bullion taken during the Brink's-Mat robbery by six armed men on 26 November 1983.[1] While he was being investigated for his involvement in the crime, Noye stabbed to death Detective Constable John Fordham who was involved in the police surveillance of Noye in the grounds of his home. Acquitted of murder on the grounds of self-defence in December 1985,
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you can go up someone's driveway if you have reason to - delivering something, going to ring their door etc.., you can't just go wandering around someone's property because you feel like it or are being nosey
 
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bobbyspangles said:
I can see that from my house. Is that where you had the encounter because I've been told off for going up there before. Supposedly its a private road though I was a bit dubious because there's road signs on it and even if it were private it's probably owned by BT, not the woman whose house is down there, and I'm sure they don't care.
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No I've been up there a few times with no problems, great view, sunsets etc.
 
dowie said:
you can use reasonable force to remove a trespasser
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Source?

dowie said:
under some circumstances you can kill a trespasser even if they're a police officer who has your house under surveillance:

for example:
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The homeowner stated he was attacked by the undercover officer who was wearing camouflage and a balaclava. That's not the same as being on someone's driveway. There seems to be a lack of information regarding the case to really refute the homeowners statement.


dowie said:
you can go up someone's driveway if you have reason to - delivering something, going to ring their door etc.., you can't just go wandering around someone's property because you feel like it or are being nosey
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As many have stated in the thread already, trespassing is not a crime, you may not like it, you may find the act morally dubious, but it can be done.
 
You are allowed to remove any trespasser by reasonable force however I doubt you could justify kicking somebody's head in for walking up your drive.

Let's be sensible here folks.
 
jimferno said:
You are allowed to remove any trespasser by reasonable force however I doubt you could justify kicking somebody's head in for walking up your drive.
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Well that's why I was asking for the source, as I'm not saying it's not the case, but the CPS states:

...it cannot afford a defence in repelling trespassers by force, unless the trespassers are involved in some form of criminal conduct.
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Longbow said:
Source?
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http://www.theguardian.com/money/2007/jun/08/yourrights.legal
If someone trespasses on your property despite due warning the practical remedy is to ask them to leave. If they don't you are entitled to use no more than reasonable force to eject the trespasser.

The right to use reasonable force has evolved through case law and there is no single answer as to what is reasonable - it will always depend on the prevailing circumstances.
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The homeowner stated he was attacked by the undercover officer who was wearing camouflage and a balaclava. That's not the same as being on someone's driveway. There seems to be a lack of information regarding the case to really refute the homeowners statement.
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it was an example of a circumstance in which you can use force up to and including killing someone...

As many have stated in the thread already, trespassing is not a crime, you may not like it, you may find the act morally dubious, but it can be done.
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I've not stated it was a crime, I've stated that wandering around someone's land with no good reason is trespassing. Just because the police won't arrest you for it doesn't make it OK. The idea you can just wander over someone's property simply because trespassing isn't a criminal matter isn't correct - you need a reason to go up someone's drive, if you chose to go stand in someone's garden they're entitled to tell you to go away and if you don't they can remove you...

Under some circumstances they might well kick the **** out of you and you may not have much legal recourse.
 
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Longbow said:
Well that's why I was asking for the source, as I'm not saying it's not the case, but the CPS states:
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They'd have to be doing 'something' to warrant force. Either being a nuisance or committing a crime. If you have reason to believe you or your property is in danger the amount of force you can use will obviously go up but it's all about justification.

You'd obviously start by asking a trespasser to leave unless the circumstances were exceptional.

There's no way on earth you would get away with using force to remove somebody from your drive without exhausting other avenues first.

"Force" may be as little as taking somebody by the arm and leading them off your property, which is entirely reasonable if you have already asked them to leave but they have refused.
 
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Ahleckz said:
Plot-twist: This happened in Scotland...
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You found yourself on someone's property and left when ask to - the police will not care one jot, in what is a civil matter; unless you did something actually criminally unlawful whilst there.

If they do show up at your door, then say as much, politely, then I imagine they will happily be on their way.
 
doofer said:
Don't take it personally, Rural areas suffer lots of crime and they are more than several minutes away from Emergency Services help, she was probably suspicious of you turning up on a motorbike and thought you were there scoping the place out. I'm sure if you'd had a Caravan on the back she would have been much friendlier. Don't sweat it.

The farmers around here would have blocked you in at the very least until Plod turned up.
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Wouldn't that be illegal?

AFAIK trespass only becomes illegal/a police matter when you refuse to leave (excluding specific sites like military and rail). Stopping someone from leaving your property should get you in trouble, rather than them.

At a guess I'd suggest the woman in the OP would keep the photo and use it as evidence if there was a theft in the local area in the near future. You may then get a knock on the door if that happens, but I doubt it would go any further once you said what you said here.
 
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