Petition against tresspass

DaveM77

Regular
So you are ok with a random stranger just pitching up a tent in your garden or with a group of travellers parking their caravan on your driveway? Trespass has always been a criminal offence.
Just seems a random thing to post on a cycling chat 🤷‍♂️
 

glasgowcyclist

Charming but somewhat feckless
Location
Scotland
So you are ok with a random stranger just pitching up a tent in your garden or with a group of travellers parking their caravan on your driveway?
We’ve had the ‘right to roam’ in Scotland for quite a few years now and that doesn’t happen. Primarily because the right does not extend to private homes and gardens, or land where crops are growing. The right of access is always conditional on being exercised responsibly.

From my reading, the petition isn’t even asking for these kinds of access rights but simply not to criminalise trespass.
 

HMS_Dave

Über Member
Location
Midlands
Most land has been around for billions of years and yet in the very most recent times a very small percent of people claim ownership of it and block it off to 99% of others... Bizarre really. Anyway, im not advocating we all unlock our doors, gardens and farmland, but making trespass illegal will serve no purpose other than to make people more angry and pi$$y than they already are, especially in those instances of byway disputes and other rights of access....
 

Notafettler

Über Member
Unless you cycle off-road, in which case it could have implications for many. Lots of land owners would like to stop access to their land, and this will just give them some more ammo to do it with if they are so inclined

This is aimed at travellers unless it effects everyone else then i won't support it. Landowners have always been able to restrict access to there land accept if there is a footpath bridleway crossing it? Why would you think otherwise?
 

HMS_Dave

Über Member
Location
Midlands
Why not find out the information yourself from free, easy to access government resources?

https://www.cps.gov.uk/legal-guidance/trespass-and-nuisance-land
 

Notafettler

Über Member
but making trespass illegal will serve no purpose other than to make people more angry and pi$$y than they already are, especially in those instances of byway disputes and other rights of access....
A right of way is a right of way. What can you dispute?
As an aside blocking a right of way can be classed as false imprisonment
 

HMS_Dave

Über Member
Location
Midlands
A right of way is a right of way. What can you dispute?
As an aside blocking a right of way can be classed as false imprisonment
Not a cats chance in hell....

So there are 3 categories right of way fall under:

Express
An express right of way may be granted by a deed. The deed should indicate which property has the benefit of the right of way and which property must suffer the burden of that right. An express right of way must be created in writing, it must include all of the terms and it must be signed by the parties. If the extent of the right of way is unclear, the Court is likely to decide a dispute in favour of the person who wants to use the right of way.

Implied
Certain rights of way can be implied by the law or created by necessity. The Law of Property Act 1925 confirms that, when a property is sold, the land will include the benefits of any existing rights of way. Sometimes a right of way can be created because it is necessary for the use of that property.

Long use
If a right of way has been used for a long enough period of time then it may become recognised and legitimate.


Illegal trespass has implications for 2 of them...
 
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