Is there a way to stop people getting into your garden?

Ste_C

clareyocs wrote: »

lets hope your child isn't a little ****! reading these posts it's been like reading about my house and wall!
I got told (by the police) if i put vandal greese up then if the tresspasser wanted to if they got it on their clothes could take me to court!

Let them try taking you to court and fight it. I'm sick of these health and safety laws. If someone trespasses then they shouldn't have these rights.

My property, my business.

dacouch

Unfortunately the way the law works eg you have a duty of care to anyone who enters your property (Legally or illegally) the chances are they would find a no win no fee lawyer who would take it on and sue you for damages. If you have home insurance your Insurers will normally cover it under the liability section (Or the landlords) but if you have acted totally unreasonablly there is a chance they will not cover it and you will end up having to pay any compensation and legal fees yourself.

There are plenty of cases of burgalars taking homeowners to court and often winning

muffintop

dacouch wrote: »

There are plenty of cases of burgalars taking homeowners to court and often winning

People often say this, so I've done a quick online search (including on a subscription only case-law database) and can find no precedent to that effect. What I can find is a case where the Court of Appeal stated that a court will not countenance a claim for damages where the claimant's injury arose from his own criminal conduct (Cross v Kirkby, Times Law Reports, 5th April.2000).

So, although criminals may attempt to bring a claim, they probably won't have much luck. The OP simply has to do what is reasonable to protect his property from trespassers - I would have thought this may include those spiky strips or barbed wire. In Liverpool when I was a student the walls of properties were topped with broken glass set in concrete. Nice!

Ste_C

I think I'd be quite happy to go to court and lose just for the principle of it.

If I trespassed and damage was caused to me or my belongings then it's my own tough luck.

emay

Sirbendy wrote: »

A foul mouthed, unstrustworthy, light fingered little scrote, yes. I also made him hold 2 bits of wire, 1 in each hand for an hour with dire warnings to not let them touch, while I sorted out a friends car.

They were 2 ends of the same wire...kept him quiet though. It was either that or drop-kick the git into the pond.

You must live next-door-but-one to me, sounds like my delightful neighbour (who had a wrought iron 7ft locked gate on his yard, so used to climb over the fence, then over our slightly smaller gate to get out and play with his mates...soon stopped once he fell off & broke his arm )

benchin440

Spiderjonifer wrote: »

I had a similar problem in a house I onced lived in caused all sorts of grief.

As I understand it you have to be very careful because if you injure a person then you may find yourself liable.

What happened to me was that my wall was by a lamp post. All the kids in the neighbourhood would sit on it and drink and be generally abuseive.

I got very fed up. I then got 4 pounds of cheap lard. Softened in a pan and poured it on my wall as bird food. The next time the local yout gathered they got coverd and left the wall alone.

May not be an answer but worker well for me

Now that is an extremely good idea, not obvious to the offender and very effective.

Just out of interest who does the boundary fence belong to? you or this neighbour?

phlogeston

dacouch wrote: »

Unfortunately the way the law works eg you have a duty of care to anyone who enters your property (Legally or illegally)

You owe a duty of care under :

Occupiers' Liability Act 1957 and
Occupiers' Liability Act 1984

In the case of a trespasser, the duty of care is under the '84 Act and is pretty limited:
you have to offer some protection against a known danger that you know a tresspasser would be in the vicinity of.

So if you have a fence round your garden, that offers a reasonable protection against just about any danger. If some idiot decides to jump the fence, then you are not liable.

Any liability is for injury only (not damage to property), so anti-vandal grease would not fall foul of this statute if it ruined someone's clothes. Do not ever take the advice of the police on civil matters, for which they receive no training.

However, be aware that the setting of traps is a criminal offence.

dodger1

sporedude wrote: »

Yeah I agree, Anyone tried that with my kid they'd be looking over their shoulder for a long time.

What you should also be doing is asking what the hell was my kid doing to annoy somebody to that extent. Unless of course like many parents you simply don't care about your own kid making life hell for other people.

Judging by your threatening quote above you are obviously not a parent who could be approached to discuss bad behaviour by a child of yours.

kazzah

sirbendy
you can come and live by me ANYTIME !!!!!
I LOVE your ideas..........

BTW - the anti vandal paint is GREAT the chavvy kids by us hated it when they got it on their best trackys
it WILL NOT come off !

marleyboy

let me tell em