aggravated trespass
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isleofthorns

Original Poster:

691 posts

199 months

Wednesday 8th May 2019
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A neighbour to some equine land I have has recently entered my land and placed a padlock on one of my gates.

he claims that he is closing off an area that he says should belong to him, even though the conveyancing is 100% against this (gate lies about 20 meters within my deeds).

As he has entered my land and has intentionally blocked my access to part of my land for my lawful uses, does this constitute aggravated trespass?


isleofthorns

Original Poster:

691 posts

199 months

Wednesday 8th May 2019
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also, obviously he is no longer on the site, but did email me to tell what he was doing....

scenario8

7,949 posts

208 months

Wednesday 8th May 2019
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I’d suggest you take proper legal advice but if you want PH advice you’re probably best off in SPL rather than here.

Tenner says “civil matter”, btw.

anonymous-user

83 months

Wednesday 8th May 2019
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isleofthorns said:
also, obviously he is no longer on the site, but did email me to tell what he was doing....
Just keep chopping the padlock off and deny ever seeing who did it ? Works well in travelling circles i hear.

hotchy

4,829 posts

155 months

Wednesday 8th May 2019
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I'd just remove the lock. Would you let someone randomly padlock your drive so you now cannot use it? Nope.

mikeveal

5,118 posts

279 months

Thursday 9th May 2019
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https://www.legislation.gov.uk/ukpga/1994/33/secti...

If padlocking your gate doesn't constitute obstructing your lawful activity I'd be very surprised. However, the Police will probably decline to show any interest. Its hardly a priority for them.

You could sue for trespass claiming your time to remove the padlock, but it's a 2 minute job with an angle grinder.

Personally I'd have a chat to the local constabulary about what they'll do if the guy becomes a constant pain. Start keeping a log and get a big bucket to keep the padlocks in!

elanfan

5,527 posts

256 months

Thursday 9th May 2019
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OP I’d suggest you email your trespasser and link that legislation to him and suggest he removes his padlock himself before 1) he gets himself into trouble 2) you remove it yourself. Include a copy of the conveyancing plan.

Additional points for including - Oi, get orf my laand!

PositronicRay

29,006 posts

212 months

Thursday 9th May 2019
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There's more to this than meets the eye.

Blue62

10,587 posts

181 months

Thursday 9th May 2019
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PositronicRay said:
There's more to this than meets the eye.
There usually is!

SVTRick

3,633 posts

224 months

Thursday 9th May 2019
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pay him a visit and return his cut locks.
Tell him anymore of this and it's jackets off outside

superlightr

12,920 posts

292 months

Thursday 9th May 2019
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isleofthorns said:
A neighbour to some equine land I have has recently entered my land and placed a padlock on one of my gates.

he claims that he is closing off an area that he says should belong to him, even though the conveyancing is 100% against this (gate lies about 20 meters within my deeds).

As he has entered my land and has intentionally blocked my access to part of my land for my lawful uses, does this constitute aggravated trespass?
so whats the background? there has to be more than just this?


Arrange to meet the person with your title plans, discuss it and hopefully you can then show him the errors of his thinking?

bingybongy

4,145 posts

175 months

Thursday 9th May 2019
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Bolt croppers, take the lock back and kick his teeth in.

NotBenny

3,920 posts

209 months

Thursday 9th May 2019
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bingybongy said:
Bolt croppers, take the lock back and kick his teeth in.
put the mangled padlock in a sock and give him some borstal treatment

xjay1337

15,966 posts

147 months

Thursday 9th May 2019
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NotBenny said:
bingybongy said:
Bolt croppers, take the lock back and kick his teeth in.
put the mangled padlock in a sock and give him some borstal treatment
Dominate the boundary.

kowalski655

15,220 posts

172 months

Thursday 9th May 2019
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bingybongy said:
Bolt croppers, take the lock back and kick his teeth in use the croppers on other parts of his anatomy.
Go big or go home

anonymous-user

83 months

Thursday 9th May 2019
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Does the neighbours home have wheels ?

DaveE36

1,149 posts

164 months

Thursday 9th May 2019
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Cut the padlock off and post what's left of it through his front window

Oldandslow

2,405 posts

235 months

Thursday 9th May 2019
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isleofthorns said:
A neighbour to some equine land I have has recently entered my land and placed a padlock on one of my gates.

he claims that he is closing off an area that he says should belong to him, even though the conveyancing is 100% against this (gate lies about 20 meters within my deeds).

As he has entered my land and has intentionally blocked my access to part of my land for my lawful uses, does this constitute aggravated trespass?
Is there a history to this. Why does he think that 20 metres is his? Have you shown him the deed plan*? What marks the actual boundary as you see it?

(*won't help with crazy. Many years ago a neighbour tried to co-opt my parking space and wouldn't let it go even when presented with a legal diagram of my L shaped plot where the short arm of the L was my parking space and the only rear access to my mid terrace house. Logic and reason pointless in that instance. Couldn't get their head round how it wasn't theirs because they "should" own it. And that was with 3 identical other groups of houses adjacent to compare it to.

Who me ?

7,455 posts

241 months

Thursday 9th May 2019
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Must be a slow day- no mention of frozen sausages in lawn or at dawn.

BrettMRC

6,002 posts

189 months

Friday 10th May 2019
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[quote=Who me ?]Must be a slow day- no mention of frozen sausages in lawn or at dawn.
[/quote]

Hammer the frozen padlock up his dog and then bum his lawn?