Uninvited visit from council

theartfullodger

The only people who have rights are the police

Oh dear, I fear you have been misinformed... see
"Crossing the Threshold -266 ways the State can enter your home"
see fro full article......
http://www.jessenorman.com/downloads/Crossing-The-Threshold.pdf


As this document was written April 2007 I would expect we are now living with rather more than 266 ways...

Cheers!

Lodger

Milliewilly

Well thanks for the link - looked at the tables at the end and it looks like they can inspect a tree!

My answer was based on legal advice I took after the council official entered my privately owned house by getting permission from the plumber who was working there by lying to him that I had given the official permission. The solicitor I spoke to did explicitly say the the council official should not have entered further than down the drive to the front door as is reasonably expected, the solicitor gave the example of the police.

G_M

According to Artful's report:

Local Government (Miscellaneous Provisions) Act 1976

Inspect to decide whether to issue notice requiring work to be carried out on tree

Inspector authorised by local authority may enter to inspect tree. Must show authority. Obstruction: £1,000
fine

1echidna

Oh well it seems that an Englishman's home is not his castle. Just think what it will be like when there are council snoopers inspecting one's bins to see whether the potato peelings are in the right one or that has the correct light bulbs. Must have been reading the Daily Mail. We will all know what a friend of mine on benefits felt kike when the council inspected his bedroom and bathroom (checking for two toothbrushes) to see whether he was cohabitating.

joop

Thanks for all your wonderful responses. It does look like they have 'the right' to enter my garden to look at the trees as there are TPOs on some of them, but I don't find it comfortable. I will take the calm route as artful suggests. I know who made the complaint but I'm not bothering to confront him. He's an expert at making a fool of himself.

Thanks again and goodnight.

Robert_Sterling

Treemendous

princeofpounds

You don't even need a right to enter land in England and Wales. It's not like trespassing is a criminal offence (unlike breaking and entering), so you would need to prove loss or damage to make a civil claim and you have had neither, though I'm sure it wasn't comfortable.

I could walk around your garden if I wanted, although I'd have to leave pretty sharpish if you asked me to

not_loaded

Owners get quite miffed when a developer with a chainsaw drastically changes the environment.

TPOs are there for a very good reason, to preserve the mature and pleasant nature of an area. The neighbour is in no way making a fool of himself in keeping an eye on things like this.

Property values are enhanced by the general environment not being wrecked.

G_M

"Trespassors will be prosecuted" say the signs.

Except that they won't be. Can't be.

As Princeofpounds says, trespass is a civil offence, so the owner would have to take the trespassor to a civil court.
Prosecution (undertaken by the police/Crown Prosecution Service) is a criminal matter, and not applicable in cases of trespass.

Regshoe

theartfullodger wrote: »

Oh dear, I fear you have been misinformed... see
"Crossing the Threshold -266 ways the State can enter your home"
see fro full article......
http://www.jessenorman.com/downloads/Crossing-The-Threshold.pdf


As this document was written April 2007 I would expect we are now living with rather more than 266 ways...

Cheers!

Lodger

I read that with interest because as an employee of the Natural Environment Research Council apparently we can take a stroll onto your land for the purposes of conducting a geological survey (though they are unlikely to send me as accountants are not know for their geological prowess).

Then I came accross this one:

POWERS ALLOWING IMMEDIATE ENTRY,

WHERE NO WARRANT IS AVAILABLE
.....

Distress for Rent Act 1689

Landlord seizing
household goods in lieu
of unpaid rent

Landlord may enter tenant’s dwelling without warrant.

No force allowed but in practice difficult to prevent

Surely that must be overruled by some other act by now and can't be valid? (It's on page 102)