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Andy_Cundell 10 1.1k 5 England
18 Oct 2011 10:57AM

Quote:I am not even sure anymore if i can take hold of a man who sits on my front lawn and refuses to move in order to push him off my land without getting sued


I think the phrase that pays is 'using the mimimum force that is deemem necessary'!

Andy
monstersnowman 15 1.7k 1 England
18 Oct 2011 1:14PM

Quote:I am not even sure anymore if i can take hold of a man who sits on my front lawn and refuses to move in order to push him off my land without getting sued - its a sad state of affairs really.

Are you complaining that it's harder to break the law these days? Or, are you complaining that the law is stupid?



I am suggesting that the law sometimes does not seem to be clear enough or even representing common sense for the average man to understand in even the most basic everyday situations and as such you may find yourself doing something you feel that common sense would say is reasonable and lawful yet you may unwittingly be on the wrong side of the law yourself - ie assault. If someone lays out a picnic on your grass and refuses to move but is not aggressive, abusive or committing any other offence other than trespass can you use minimum force to remove him ?? Dont google it tho and honestly consider how sure you are of whether what you think you may do lawfully is actually lawful. Can I hear googling ??
User_Removed 11 4.6k 1 Scotland
18 Oct 2011 2:16PM
No need to Google to know that you have absolutely no right to lay a finger on them.

Thank God and a civilised society for that.
User_Removed 11 4.6k 1 Scotland
18 Oct 2011 2:17PM

Quote:I am not even sure anymore if i can take hold of a man who sits on my front lawn and refuses to move in order to push him off my land without getting sued

I think the phrase that pays is 'using the mimimum force that is deemem necessary'!

Andy




Minimum force to prevent them committing a crime (such as stealing your lawnmower or assaulting your wife.) You certainly can't use any force at all to make them leave your garden.
monstersnowman 15 1.7k 1 England
18 Oct 2011 2:38PM

Quote:No need to Google to know that you have absolutely no right to lay a finger on them.

Thank God and a civilised society for that.



I have agreed with you on this thread but this may be were we differ somewhat. I think you may feel differently if I came and sprawled out on your lawn and ignored your requests to leave whilst your daughter and pet wandered in the garden .. obviously I dont know if you have a pet, daughter or indeed a garden but we do seem to have slightly different views on what constitutes civilised. I dont think that a reasonably helping hand to force you to leave my property, on which you have no right or reason to be, would be uncivilised.
Carabosse 18 41.5k 270 England
18 Oct 2011 2:59PM
They'd get a helping boot, rather than a hand, to get them off my lawn! Wink
Carabosse 18 41.5k 270 England
18 Oct 2011 3:12PM
Actually, thinking about it, the best way of getting someone to shift should be very obvious indeed to EPZ members..........

........... just take your camera out there and start taking photos of them! Panic, and a hasty flight by the guilty party, guaranteed. Grin

The bigger the camera the better.
User_Removed 11 4.6k 1 Scotland
18 Oct 2011 4:05PM

Quote:Actually, thinking about it, the best way of getting someone to shift should be very obvious indeed to EPZ members..........

........... just take your camera out there and start taking photos of them! Panic, and a hasty flight by the guilty party, guaranteed. Grin

The bigger the camera the better.



Great Idea. Like it a lot.
Andy_Cundell 10 1.1k 5 England
19 Oct 2011 8:00AM
By minimum 'Force', it doesn't mean you jump straight in there all fisty-cuffs. It's a progressive route by means of politely asking, then politely telling and politely assisting them to leave your property. You see coppers do it all the time on the TV, they start by talking, then progressivly move along to physically moving them. The crime is already there if they are on private property without the owners consent.
keithh 17 25.8k 33 Wallis And Futuna
19 Oct 2011 8:21AM

Quote:The crime is already there if they are on private property without the owners consent.


That is not a crime
Andy_Cundell 10 1.1k 5 England
19 Oct 2011 11:59AM

Quote:The crime is already there if they are on private property without the owners consent.

That is not a crime



Maybe in your country but over here in the UK, every bit of land is owned by someone and if you dont have the owners permission to access it, you are trespassing............an offence which is also a crime.

Read Here to correct your misinformation about UK law and trespassing, you will be surprised!

Andy
keithh 17 25.8k 33 Wallis And Futuna
19 Oct 2011 12:07PM
My country is the UK and Trespass is not a criminal offence.
Andy_Cundell 10 1.1k 5 England
19 Oct 2011 12:10PM
LMAO Keith, I know your in the UK, I just threw that in to 'make you bite' a little. Hopefully it went down with tongue in cheek as it was written with my tongue in my cheek!!

Dont make me link to hundreds of legal sites about trespass and how its a civil offence!Tongue


Andy
keithh 17 25.8k 33 Wallis And Futuna
19 Oct 2011 12:14PM
Link away - doesn't make it a fact.

You can sue someone for Trespassing on your land (I assume we are talking about Trespass to Land here and not Person or Chattels) but they cannot be prosecuted.
mikehit 11 8.0k 13 United Kingdom
19 Oct 2011 12:35PM
'Law' does not mean criminal law - this is civil law.


But it looks like you did not read your own source of information:


Quote:trespass is not a criminal offence and trespassers cannot usually be prosecuted. They can, however, be sued.


(my underline)

In other words: trespass is not a crinme.

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