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30-03-2008, 22:26   #1
ivanthehunter
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Trespass law (Merged with other)

Trespass!
What is trespass?

Does trespass exist as a blanket(cover everywhere) law in Eire?


Does the presence or lack of a gate effect the validity of the trespass law.
In other words, if one walks in to a property where no gate exists can this be considered as trespass.
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30-03-2008, 22:44   #2
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I take it you mean trespass to land as opposed to trespass to the person (i.e. hitting someone)?

Trespass to land is to enter onto someone else's property without their permission or other lawful authority.

If someone entering onto a premises is not there by as of right or invitation (a visitor) nor are they there as a recreational user (i.e. to look at an area of natural beauty) then they are a trespasser in civil law under the occupier's liability act, 1995.

Trespass is a criminal offence if it is done to cause fear in another person or in circumstances which give rise to a reasonable inference that they were there to commit an offence under the Public Order Act, 1994. Entering a premises without lawful authority intending to commit a serious offence or while there actually committing a serious offence is burglary.

Gates make no real difference, other than in a criminal case it could be argued that the person did not know he was entering onto someone else's land.
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30-03-2008, 22:51   #3
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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.
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30-03-2008, 22:52   #4
Tom Young
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....and the test for trespass is? Anyone ....

The Direct Consequences test ...
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30-03-2008, 23:35   #5
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Quote:
Originally Posted by Victor View Post
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
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30-03-2008, 23:38   #6
Tom Young
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That is defined in the act: Recreational user. Its available on www.irishstatutebook.ie

Quote:
"recreational activity" means any recreational activity conducted, whether alone or with others, in the open air (including any sporting activity), scientific research and nature study so conducted, exploring caves and visiting sites and buildings of historical, architectural, traditional, artistic, archaeological or scientific importance;

"recreational user" means an entrant who, with or without the occupier's permission or at the occupier's implied invitation, is present on premises without a charge (other than a reasonable charge in respect of the cost of providing vehicle parking facilities) being imposed for the purpose of engaging in a recreational activity, including an entrant admitted without charge to a national monument pursuant to section 16 (1) of the National Monuments Act, 1930 , but not including an entrant who is so present and is—

( a ) a member of the occupier's family who is ordinarily resident on the premises,

( b ) an entrant who is present at the express invitation of the occupier or such a member, or

( c ) an entrant who is present with the permission of the occupier or such a member for social reasons connected with the occupier or such a member;

Last edited by Tom Young; 30-03-2008 at 23:40.
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31-03-2008, 00:34   #7
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Quote:
Originally Posted by Tom Young View Post
....and the test for trespass is? Anyone ....

The Direct Consequences test ...
What is this test?

General: It seems that one might enter land where no signs are present to advise otherwise. ie. "No Trespass" or "private property" or "trespassers prosecuted"
Even so, if one was approached by the occupier and one was accused of trespass could one plead that one was appreciating an area of natural beauty and avoid all trespass charges??
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31-03-2008, 12:34   #8
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private property-keep out!!!

These signs are found all across Ireland and are some times posted right in ones face at scenic locations as such they often detract form an otherwise prefect view and lead to a feeling of contempt for the land law system.
Are they of any benefit to the land owner and do they reduce his duty of care or show that he took reasonable steps to keep entrants out..

What sort of protection does a sign of this sort really provide to a land owner and how does it relate to the trespass laws?
Can a sign of this nature really keep out recreational users?
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01-04-2008, 19:32   #9
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Quote:
Originally Posted by Tom Young View Post
....and the test for trespass is? Anyone ....

The Direct Consequences test ...
Q.What is it?
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01-04-2008, 20:16   #10
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Quote:
Originally Posted by ivanthehunter View Post
Q.What is it?
Direct consequences test:


Re Polemis (1921)


[1921] 3 KB 560 (AC). The defendants negligently dropped a plank into the hold of the claimants' tanker, breaking some cans of benzine, which caught fire and did substantial damage to the vessel. The Court of Appeal held that since the defendants should have foreseen the damage which was a direct concequence of dropping the plank, they were liable for the whole extent of the damage. This was so even though they would not have been aware of the extent of the damage that was likely to be caused. This decision appeared to settle the law on the relationship between foreseeability and remoteness, but it was strongly disapproved by the Privy Council in TheWagonMound1961.



-K zone
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05-09-2009, 19:40   #11
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Hello, someone, a man living nearbye me drove his tractor through my land, what should i do?? can i sue him??, he drove his tractor through my field to enter his, i know this is illegal
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05-09-2009, 19:42   #12
Our man in Havana
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See a solicitor.
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05-09-2009, 19:43   #13
Pyro202
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thanks for the reply, anyone elsehave a any ideas, has this happened to anyone else
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05-09-2009, 20:01   #14
Tom Young
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You can't get legal advice here.
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05-09-2009, 20:03   #15
Pyro202
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did i ask for legal advice you [SNIPPED] head

Last edited by Tom Young; 05-09-2009 at 20:39. Reason: abuse
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