Trespass into garden

ThumbTaxed

Hi there,

If a neighbour jumps a wall into a garden, retrieves a ball and exits without delay can they be prosecuted for trespass. Is that even realistic?

HeidiHeidi

Why would you want someone prosecuted for retrieving a ball???

Anyway, the answer is no. Simple trespass is not a criminal offence in this country, it's a civil matter.

dotsman

What would your 8-year-old self think of you? Are you the mean, grumpy guy on the street?

It's a ball. Kids play with them. They end up in neighbour's gardens, always have, always will. It's just a part of life. If you hate kids, move to somewhere where there are none, or live in a remote place etc.

ThumbTaxed

Calm down man. You are getting the wrong end of the stick

HazeDoll

I may be wrong but I suspect the OP is not the one threatening to prosecute.

Speedline

https://www.boards.ie/discussion/comment/118363116#Comment_118363116

Yeah, I think it was the OP who jumped the wall, not the kid.

awsah

https://www.boards.ie/discussion/comment/118363040#Comment_118363040

It is a criminal offence to trespass on a building or the curtilage in a manner likely to cause fear to another person, I don't think retrieving a ball would be classified unless the retriever aggressively came onto the property?

Peregrinus

The behaviour described in the OP is not an offence. There is no chance of prosecution.

It's the tort of trespass and you could sue. But what relief would you be seeking? Any damaged you could recover must be nominal, because where's the harm? I suppose you could seek an injuction to restrain further trespasses should the ball come in again, but I think you'd be laughed out of court.

GerardKeating

https://www.boards.ie/discussion/2058223996/trespass-into-garden

On the simple basis of the facts as outlined, not really. But it is not always that simple.

• Was any damage done?
• Is there any exist legal injunction in relation to this act?
• Is there any bad blood between the property owner and the Ball owner, could entering the garden be viewed by the owner as harrisment?

Pawwed Rig

https://www.boards.ie/discussion/2058223996/trespass-into-garden

I wouldn't be worried about it other than you seem to have a neighbour that does not like it. We have tended to let neighbours know if we are going into their gardens. One side retrieved ball themselves. Other side just said to go get it any time we needed to.

If it was happening everyday then put up a net or something to stop it.

Fighting with neighbours is never a good idea

Mongfinder General

No real chance of a prosecution unless an act of burglary was committed.