Originally Posted by Victor
There is also a provision under a recent (c. 2000) Housing Act.
Lack of a gate is insufficient information. Is there any other boundary or marker?
Lack of a boundary would make a criminal prosecution difficult. However, it could open the occupier up to public liability issues if the 'trespasser' couldn't be aware they were trespassing.
i am only talking about trespass in general terms so i am unable to give you an specific details.
what concerns me is the placement of signage which claims "trespassers will be prosecuted",these are to be seen everywhere and i think that they give the impression that this can only happen where such signs exist.
In terms of boundarys, it is very rare that land is found with out boundary of sorts, i know it exists but as you have shown already it is very difficult to claim trespass and as such it would seem that only a mad man would place a sign in such circumstances.
In most if not all circumstances where a gate is found to be missing it is usually missing from a boundary of sorts say a hedge or earthen bank or dry stone wall.
Johnyskeletion- That seemed like an exemption to the rule, that bit about viewing some place of natural beauty. A recreational user!!!
Can you elaborate on recreational user in terms of recreations