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Trespass on SSSI sites
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Edited Sep 03, 2012, 20:44
Re: Trespass on SSSI sites
Sep 03, 2012, 20:43
thesweetcheat wrote:
It's funny coming back after a couple of days to a locked thread. Usually that signifies major fallings-out, shouting, flouncing and handbags (and that's just from me). This time we have a thread locked when there seems to have been general agreement and consensus on a lot of points, and not even a cross word. Ha.

Anyway, very interesting post about criminal trespass. It might be worth mentioning that trespass to land (unless other offences are involved) wasn't a crime until 1994, when the much-loved Criminal Justice and Public Order Act 1994 came into force and is still quite limited. But there is a much longer standing civil law relating to trespass (a "tort"). Here's a bit from wiki:

"Trespass to land involves the "unjustifiable interference with land which is in the immediate and exclusive possession of another". It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se.


The main element of the tort is "interference". This must be both direct and physical, with indirect interference instead being covered by negligence or nuisance. "Interference" covers any physical entry to land, as well as the abuse of a right of entry, when a person who has the right to enter the land does something not covered by the permission. If the person has the right to enter the land but remains after this right expires, this is also trespass. It is also a trespass to throw anything on the land."

So a landowner can bring a civil action for trespass, even where there isn't criminal trespass.

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'. And then there are those that go up because they can - there is no one there to stop them. I admit I've never actually seen anyone up there so I guess people do it early morning or late evening. How do you stop people? I'm against electric fences and barbed wire - there is so much of that around. Silbury has a natural moat usually in the winter or after a sustained period of rain ... I think that works. I've never been up there myself so don't know if its risky under foot but if someone were to sustain injury EH may be liable if it could be proved they hadn't taken proper measures to prevent trespass. I posted something on the other thread about this just before it was locked. (I've no idea why it was locked as for once there seemed to be a consensus of opinion - think its safer for me not to comment).
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