Trespassing

Generally speaking, no-one should be allowed on your property without your permission. Of course, the majority of what could be deemed trespassing is hardly a reason for concern – the neighbours children retrieving their ball without asking for your permission is hardly worth a call to the police - but, let us not forget, the word trespass is linked to intrusion and the sinister connotations that this can conjure up is occasionally deserved.

Your home, and any surrounding property, should be the place where you feel safest, an impenetrable fortress where your loved ones and possessions are kept secure. Under no circumstances should you ever fear the possibility of anyone threatening you, your loved ones or your property.

But, for all the safety that bricks and mortar provide, the prospect of a neighbour, or worse yet, a stranger, continuously venturing onto your property can prove extremely annoying and, in some cases, a real issue for concern.

Consider the case of David and Jill Walsh who, upon moving into their new home in Wickford, Essex, were sure they had found their own “little piece of heaven”.

However, when an illegal travellers’ camp decided to ‘pitch up’ next to their dream home, the situation soon turned sour.

Over the next two years, the couple were subjected to over 230 separate incidents including gunshots, death threats, criminal damage and intimidation. A rather grim log, compiled by Mr and Mrs Walsh, noted 64 separate attacks on their bungalow with the perpetrators using air pistols, catapults and fireworks. The attackers also used intimidation, sending numerous death threats and even leaving a hangman’s noose in the couple’s garden.

Mr and Mrs Walsh were reluctant to take action against the travellers as they felt it would only result in exacerbation and further problems- they ignored the problem in the hope that it would blow over, unfortunately, it didn’t.

The antagonist’s actions continued to become more and more extreme until Mrs Walsh found herself diving into a ditch to avoid an oncoming car.

Ignoring the problem is never an option, in many cases, rather than refraining from their disgraceful behaviour, ignored trouble makers will resort to more disturbing actions in an attempt to rattle their victims.

Still, very few cases of trespassing are quite so severe, many people who illegally enter others land do not have harmful intentions and are either unaware of the fact that they are on private land, looking for a shortcut or attempting to retrieve a lost item.

In these cases, an amicable conversation is likely to prove beneficial and there is every chance that you may be willing to allow the individual access to your property without your permission - particularly if they are a neighbour and you trust their intentions. That said, constant intrusion can prove testing, even if you know the individual’s intentions are not malicious.

But what can you do if these trespassers are violent and do not respond to polite or firm requests to stay away – as mentioned, turning a blind eye is likely to result in the escalation of problems rather than their resolution and taking the law into your own hands, tempting though it may seem, is never an option. Ultimately, a ‘Common Law Injunction’ is the best way of protecting your home and loved ones.

Also known as ‘Assault and Trespass’ injunctions, Common Law Injunctions can prevent somebody coming onto your property, thereby preventing any damage or future trauma.

Put simply, no one has the right to be on your property without your permission, and they certainly do not have the right to deface said property or intimidate you or your family.

There are more traditional methods; signs threatening legal action have been around for many years and seem to work for businesses. Yet, these are not the most practical of solutions for the typical family residence; with their industrial design your home is more likely to resemble a factory and the second option – leaving your home – is all too drastic.

Do not allow trespassers to damage your home or your psychological well-being – take action with a ‘Common Law Injunction’ - the best way of ensuring that your family stay safe and your home remains your own.

Article: Trespassing

Created on: 2008-10-03 00:00:00