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Trespass on SSSI sites
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Howburn Digger
Howburn Digger
765 posts

Re: Trespass on SSSI sites
Sep 03, 2012, 22:00
thesweetcheat wrote:
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)

Visiting your Heritage or whatever... don't let such thought deter you from wandering in seasrch of stones... and before you think of ever get to having to defend yourself in a court...
Unless you had damaged property I dont think any kind of action would be raised for merely visiting a site. Too costly and pretty much guaranteed to fail. For a number of reasons.
If someone asks you to leave their land, there is no law in England or Wales which says you have to run at top speed off it. Take your time and go via whatever stone you want to look at.
If some pompous Captain Manwaring wanted to try to raise an action against you for trespass... let them. By the time it ever came to court you wouldn't be on their land any more. Burden of proof would be on them to prove an offence had taken place. Photos of you wouldn't count as you could insist they were photos of you leaving...
Anyway, first of all the landowner would have to get your name, rank and serial number in order to raise some kind of action against you. So when he asks for your name and address to send the summons to...

"Just don't tell him Pike!"

Here in Scotland we have no such truck with Captain Manwarings, but careful during the shooting season on some moorland sites and have care and courtesy at lambing time. And sites on farms up here... If I'm able to I always stop and pass the time with whoever is on the farm, in the tractor or bringing in the coos and let them know what I'm doing! It is only courtesy.
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