Petition against tresspass

Page may contain affiliate links. Please see terms for details.
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...
As stated blocking a right of way can be classed as false imprisonment. As in blocking a public footpath.
 
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
They can only stop access to their land if you haven't got a right to be there. IE you have no right of access.
 

Drago

Legendary Member
In most cases its unlawful already, albeit usually civil in nature, and therefore difficult and expensive to enforce. The only difference with my preferred outcome is that offenders will suddenly risk facing consequences of their actions. I don't see anything wrong at all with that.

Were the matter to be criminalised, then responsible users who already access the land legally would not be affected one jot.
 
Last edited:

plustwos

Active Member
Trespass on railway property has been a criminal offence since the very early days of railways

Oh that reminds me, I have a criminal record for sitting at the top of an embankment waiting for a steam loco to pass through, cost me £25. Can I claim to be a victim of selfish landowners and freedom fighter? Ken
 
Top Bottom