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Topic Other Boards / Foo / The law doesn't apply to some people!
- By mcmanigan773 [gb] Date 16.02.12 15:06 UTC
We live on a farm which as on a river. We have a gate on the bridge on our side stating 'private land-do not enter' and a wire fence preventing anyone (or so I thought) from getting in. There is a public footpath on the other side of the river. There is a man who lives further up the lane who walks his dog down to the bridge every day, stands on it for a while then wonders off. I have no objections to this as he doesn't enter our land. When we moved in several times we caught him climbing the gate to walk on our land and when challenged he said 'he had always done it'. (our house was empty for about a year before us). We informed him that it was private land and after a few arguments he seemed to get the message.

I have noticed lately that our wire fence was looking a bit bent then today I popped out to the shop in the next village when I got back the man, and another man who I think is his son and the dog were outside my house. When they realised it was me they quickly put the dog back on a lead and turned back towards the bridge. I did say if I caught them again i'd call the police (we have before for someone else and they came out and had words). The both disappeared pretty quickly but its now got me thinking that they must do this regularly when they see I'm not in (hence the fence being bent from them climbing it)

It really annoys me, there are plenty of lovely places to walk round by us so why do they think it's ok to just go where they like? Its pretty clear from the sign on the gate that they shouldn't be here!!!
- By Daisy [gb] Date 16.02.12 16:01 UTC
Might be worth adding another sign "Trespassers WILL be prosecuted" :) Unfortunately, I don't think that trespassing alone is a police matter.
- By Celli [gb] Date 16.02.12 16:04 UTC
It does seem to be a bit of a cheek, wonder if he'd like it if you walked round his house.

If your on a farm though, are you falling foul of the " right to roam " law ? although I haven't the foggiest how that works when your home is a farm.

I get incredibly narked at hill walkers who continually break down a bit of fencing so they can get their dogs up to the top of the hill, the top is ringed by fencing which, if you walk a bit further on, does have a gate, but people insist on walking straight up rather than detour to the gate, means in the summer when there are sheep in the field they end up all over the place causing damage to ground nesting birds and even getting as far down as the car park.
- By mcmanigan773 [gb] Date 16.02.12 16:17 UTC
Hi,

I have checked and we don't have a right to roam across the land. Last time we had an issue (people shooting in our paddock) the police came out and had a quiet word and they left but I know they can't do a great deal hence me not phoning them today. It just really annoys me. Think tomorrow ill be outside making the wire fence a bit higher in the hope that it deters him (although he'll probably just climb the gate then). As it seems he only does it when I'm out I was thinking about putting my car out of sight at the back of the farm so it looks like I'm out and then sending him on his way if he comes over, might make him think that just because the car isn't there I might still be in and it could put him off.
- By Daisy [gb] Date 16.02.12 16:25 UTC
If you can, take a photograph every time you see him and keep a diary. He may well think that you will do something about it (ie prosecute) and stop :) :) :)
- By Nova Date 16.02.12 16:47 UTC
To pursue a trespass charge there has to be proven damage and bending a blade of grass wont do. However damage to you fence would if you have a photo but I would suggest you hire or borrow an electric fence for a while that may be more effective and a notice to say Danger Electric Fence may be operating may do the trick no one wants a shock as they straddle the fence.
- By Carrington Date 16.02.12 19:27 UTC
TBH I don't think you telling him off again will do the trick, you've told him already, he already knows he is trespassing and doesn't seem to give two hoots, so what difference will hiding the car and trying to catch him out do? He wasn't deaf the other times you have told him, he is just choosing to ignore you.

If he wants some land he should go out and buy it not use other people's.

You could try calling in a mediator to go and talk to him at his own address before having to take out private prosecutions and spend time worrying about having to log down times and taking photo's to finally get some peace.

Otherwise, all you can do is make your property more secure with higher more menacing fencing. Or a much larger sign post saying KEEP OUT!  You could dig a ditch around it full of water if that may deter at all. Trouble is it is all expense and trouble for you because one man just won't show respect for your property. I would be mighty peed that I was having to fork out to stop one person.

Call your local council for mediation it's worth a try. :-)
- By Oldilocks [gb] Date 16.02.12 19:35 UTC
Personally, I would take a more pleasant approach to the situation first of all, e.g. make a fuss of the man's dog and exchange a few pleasantries........then, nicely ask if he realises he is trespassing!!!  That would be more likely to work with me than any threats (not that I would knowingly trespass on someone else's land!  :)  ).  Then, take it further if he doesn't take notice of you.  :)  
- By waggamama [gb] Date 16.02.12 19:54 UTC
This will sound drastic but have you thought about barbed wire to deter him? Or a fake sign that says the fence is electric?
- By Goldmali Date 16.02.12 21:34 UTC
What would happen if you spotted him there and walked towards him with a couple of Malis running free? To be honest that's what I would do and you're on private land so no worries there.
- By Harley Date 16.02.12 21:41 UTC
I think I would pack up a picnic and go and sit in his front garden to eat it :-) and then play ball on his lawn with your dogs :-)
- By Brainless [gb] Date 16.02.12 22:01 UTC

> Think tomorrow ill be outside making the wire fence a bit higher in the hope that it deters him (although he'll probably just climb the gate then).


Could you not make that bit of fence solid (enough of the length to make it unattractive for him to have to go a long way around) and board the other side of the gate so it is not easily climbable?

A secodn wire fence withint 2 feet fo teh first and filling with brush while you grow a prickly hedging plant?

Some anti climb paint maybe.
- By Brainless [gb] Date 16.02.12 22:05 UTC

> Or a fake sign that says the fence is electric?


To be honest doesn't need to be fake, several strands of electric fencing, perfectly allowable.
- By mcmanigan773 [gb] Date 16.02.12 22:11 UTC
I could board up the gate to deter him, that might be worth a shot. We chose to use wire fencing at I thought it would be too wobbly to climb but he has just bent the top over so he can step over it.

As for letting the mali's out, they are quite often loose in the garden (enclosed by another gate) when he goes to stand on the bridge and they always bark at him, I usually call them in so as not to bother him when he is looking at the river but from now on I won't bother.

I have tried being nice when we first moved in and chatted and stroked his dog but that seemed to make him think coming over was allowed. In the end hubby told him he wasn't as it was private land and we put up the fence by the main gate to stop him getting in (and the odd others). We only have paddock fencing with stock netting enclosing our dogs so should him and his dog wonder past when mine are out (without me or them noticing) I do worry they may become dinner! It's for his own safety as well that I don't want him over here, that and the fact that I don't walk on his garden!
- By Lacy Date 16.02.12 22:26 UTC

> I think I would pack up a picnic and go and sit in his front garden to eat it


My grandfather did that. Every weekend for months a chap walked through their land and along the river, where in the summer the family swum & had picnics. GF asked him time & time again if he could respect that the land was private & that he was disturbing the families privacy, but he always came back. So one Sunday afternoon he packed a picnic hamper & went out in the car, set up his table, chair, rug & hamper, sitting for some hours reading in the chaps front garden. On returning the chap was furious & words exchanged but he never was seen again.
- By Dill [gb] Date 16.02.12 22:35 UTC Edited 16.02.12 22:38 UTC
LOL that's brilliant!  sometimes they don't understand until they have to taste it ;)

You could try Geese!  and a really big Gander ;)  then time him with a stopwatch LOL   They give great eggs too :-D

I know just how frustrating you find this :(

I had the same trouble with the next-door neighbours either side of me for years, they thought it perfectly OK to climb into MY garden (all 15 feet of it) and use it as a rat run to each other's gardens whilst we were out.   Came home from a dog show one day and they had a hosepipe across from one side to the other running UNDER my washing line!  My daughter was at home that day :eek:

OH put up a temporary triple wire on top of the fencing and there was BLUE MURDER!   So we replaced it with bamboo fans :-D   One slip and they'd have been kebab LOL   they didn't like that either, but hey it was my garden and my fence.   The worst one even told me it wouldn't stop him!!   My reply was that it wasn't supposed to stop the person doing it (making NO accusations ;) )   It was supposed to break and then we'd know for sure as the person would have a big piece of bamboo sticking in his ass and the limp would give him away!  Strangely enough they stopped after that :-D  Took another few years before the rest of their nonsense stopped though and then they left - Yay!  Geese would have sorted them faster LOL
- By Alfieshmalfie Date 16.02.12 22:36 UTC
TBH first I would make the fencing a bit more that just wire and board it up a bit more like you said, then I would put a better sign on it.  Something along the lines of 'It has come to our attention that people are climbing over this fence, please note that this is PRIVATE property and there is NO RIGHT OF WAY. Loose dogs.

Then because you have made it absolutely clear of the facts then if you need to go to the police you would have been considered to have taken appropriate measures to inform people (ie this man) that he shouldnt be there.  Also if you put loose dogs rather than 'beware of the dogs' then its not implying anything 'negative'.
- By Goldmali Date 16.02.12 22:40 UTC
Lacy I loved that story about your grandfather!!
- By Celli [gb] Date 17.02.12 09:32 UTC
Would playing the " damsel in distress " card with the police work ? you could tell them you feel very threatened and vulnerable with this strange man wandering about outside your house.
- By ali-t [gb] Date 18.02.12 15:57 UTC

>My grandfather did that. Every weekend for months a chap walked through their land and along the river, where in the summer the family swum & had picnics. GF asked him time & time again if he could respect that the land was private & that he was disturbing the families privacy, but he always came back. So one Sunday afternoon he packed a picnic hamper & went out in the car, set up his table, chair, rug & hamper, sitting for some hours reading in the chaps front garden. On returning the chap was furious & words exchanged but he never was seen again.


ROFL, this is what I would want to do too.  As well as a picnic I would let my dog poop in his garden and not pick it up.  Barbed wire fencing seems a good solution too.  Flipping cheek making use of your garden.
- By judgedredd [gb] Date 18.02.12 18:33 UTC
have you tried painting the bit of barbwire and the gate with antivandal paint, we had to do this with a place we used to live as school children used to come across a 6foot plus fence and run through our garden and they would just say if one of your dogs bites us we will prosecute you , so we bought some antivandal paint and painted the top of the fence and did put the warning notices up, and sat and waited two boys came over white school shirts on as they dropped onto the floor they wiped there hands on there shirt the look on their faces as they realised that it could not come off, then another pair of hands appeared and then they shouted NO but to late the girl pulled her self up and as she slid over the fence she was covered in it, i walked out the door and said can you read the signs on the fence now leave , only one parent came around to complain and we showed him what his precious son had been doing and then let our gsds out and said do you understand why they should not do it, the parent said so sorry to bother you and he won't do it again and it must of got around and they never came back.

when we lived up north it was the done thing to put on your walls you know the 10foot walls around your back yards in the pit houses they used to put concrete onto the top of your wall and then place pieces of broken glass onto your wall for it to set.
- By Celli [gb] Date 18.02.12 20:35 UTC
Broken glass on the wall was common when i was wee too, think it's illegal now.

Your post reminded me my Mum used to make her own version of anti-vandal paint with old manky motor oil and a few other choice ingredients, I think cat poo went in it too, worked a treat.
Topic Other Boards / Foo / The law doesn't apply to some people!

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