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Trespass on SSSI sites
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thesweetcheat
thesweetcheat
5850 posts

Re: Trespass on SSSI sites
Sep 03, 2012, 21:23
tjj wrote:
This is helpful ... I wonder if the people who consider it their 'right' to go up there see what they are doing as 'interference' - or rather 'their heritage'.


Needless to say, most of us on TMA are guilty of the act of trespass (in its civil definition) the minute we step off a footpath and onto someone's land unless we have their permission to do so. This is one of the reasons I much prefer days out in access areas to English farmland. Ultimately, unless we have permission we could all be sued in a civil court.

However, although a landowner could bring an action for trespass, unless they can show (on the balance of probabilities) that damage was caused as a result of the trespass, it would appear to be a pretty pointless action to bring, as it would be difficult to see what compensation could be sought, other than a nominal amount.

I don't think a court (civil or criminal) is likely to recognise a defence that we were just visiting our heritage. :o)
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