Trespassing

D3V!L

If a member of the public passes the boundary to a property which is clearly marked but has no gate without permission from the owner are they trespassing ?

The area they were found was past the front door and down the side of the house before they were met with a gate.

Is this a civil or legal matter ?

Peregrinus

Yes, they are trespassing, unless they have implied permission or a lawful excuse.

On the facts given, it's a civil matter.

Dial Hard

If this is about the kids next door running down the side of your house to retrieve their footballs, I really think you need to just build a bridge, tbh.

D3V!L

Dial Hard wrote: »

If this is about the kids next door running down the side of your house to retrieve their footballs, I really think you need to just build a bridge, tbh.

Thanks for your input and the conclusion jumping. This is a question about adults.

Dial Hard

D3V!L wrote: »

Thanks for your input and the conclusion jumping. This is a question about adults.

In which case I presume you're referring to the parents. My advice stands.

GM228

Trespass in and of itself is never criminal (except in certain circumstances like trespassing on the railway or airport).

charlietheminxx

Would that not mean your postman/delivery driver/friend you didn't invite are trespassing as well?

nibtrix

charlietheminxx wrote: »

Would that not mean your postman/delivery driver/friend you didn't invite are trespassing as well?

That would come under the point made above:

Peregrinus wrote: »

...unless they have implied permission or a lawful excuse.

kennethsmyth

nibtrix wrote: »

That would come under the point made above:

Insert sound of whip cracking here!

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?

BattleCorp

Is not having a gate on the property an issue? Surely you should secure your own premises?

Peregrinus

BattleCorp wrote: »

Is not having a gate on the property an issue? Surely you should secure your own premises?

As a practical matter it might be wise, but there's no general legal obligation to erect fences or gates on property boundaries.

GM228

Peregrinus wrote: »

BattleCorp wrote: »

Is not having a gate on the property an issue? Surely you should secure your own premises?

As a practical matter it might be wise, but there's no general legal obligation to erect fences or gates on property boundaries.

Indeed there is no legal obligation to erect a fence, however such a lack of fence or even a gate will give rise to an implied right to enter.

Lack of a boundary fence or gate can also deem private property a public place for the purposes of the Road Traffic Acts if there is vehicular access, though this would not apply to a private dwelling and it's curtilage.

laotg

OP is this the murder house?

Mod
Pls stay on topic

Marcusm

GM228 wrote: »

Trespass in and of itself is never criminal (except in certain circumstances like trespassing on the railway or airport).

In and if itself this is absolutely correct. In his other thread the OP made it clear that the adults came on his property for the purposes of intimidation. He’d probably get a more comprehensive answer here if he repeated all the facts.

Red Hare

Someone above mentioned " lawful excuse".

I would be grateful if you could give me examples of lawful excuse.

nibtrix

An emergency would be considered a lawful excuse, say you had to access someone's land (or home!) to render aid in an emergency or to save a life. You can't be prosecuted for trespass in that case.


I think that a postman/courier or someone accessing to check a meter etc. comes more under implied consent. Could be wrong though!

D3V!L

nibtrix wrote: »

An emergency would be considered a lawful excuse, say you had to access someone's land (or home!) to render aid in an emergency or to save a life. You can't be prosecuted for trespass in that case.


I think that a postman/courier or someone accessing to check a meter etc. comes more under implied consent. Could be wrong though!

AFAIK that all comes under implied consent

Peregrinus

Red Hare wrote: »

Someone above mentioned " lawful excuse".

I would be grateful if you could give me examples of lawful excuse.

Well, in certain circumstances statute, or a warrant, gives the guards, and sometimes other officials, a right of entry onto premises. That would be a lawful excuse. I think the ESB has a statutory right of access to land in certain circumstances, to erect/maintain transmission infrastructure. If you own land which has been dedicated as a public highway, the general public has a lawful right of entry. Etc, etc.

A meter reader might have lawful excuse, if the legislation dealing with the supply of the utility concerned covers this point, or he might have express consent, if this is covered in the documentation you signed when signing up for the service, or he might have implied consent.

tuxy

D3V!L wrote: »

We had no choice after he came onto our property , up our side driveway and started banging on our garden gate. He decided to bring another neighbour with him who he told we were shouting at their kids too.

To top it off he actually tried to stop my wife from closing the gate. We've decided at this point to talk to a solicitor and then the Gardai.

Now that this issue is being dealt with by both a solicitor and the Gardi I don't see why you would need advice from posters of this forum, if anything it should be the other way around.
Can you keep us updated?

nuac

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