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TRESPASS LAW (Read 14054 times)
smiler
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TRESPASS LAW
Nov 13th, 2006 at 8:45pm
 
HI all, could anyone help on the trespass law .


Is it illegal to walk on someones driveway which is private property ie , residential drive ?

I have seen different things on different web pages

many thanks
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coullboy
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Re: TRESPASS LAW
Reply #1 - Nov 26th, 2007 at 3:41pm
 
Look up the Land Reform (Scotland) Act 2003 and read this fantastically clear peice of legislation, but basically you cannot.

O and there is a Law of Trepass in scotland, Its call the Trepass (Scotland) act  1865 !! its still a piece of legislation
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grumpy
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Re: TRESPASS LAW
Reply #2 - Nov 28th, 2007 at 12:04pm
 
Hi coullboy. Yet another post re neighbour problems. If it's bugging you so much you really should see your lawyer, run by them the facts and they will advise you if you have any remedy and how to get it. Please don't let these issues take over your life as they all too easily do. As I have said previously, I know!! You end up unable to sit at peace in your own home as you jump to the window at every sound (it might be him!!) and it can literally ruin your life. I am not demeaning how you feel but believe me this will never be resolved unless you talk to each other. Ultimately one or both of you will end up moving, going mad or keeling over with a heart attack. Is it worth it?
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coullboy
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Re: TRESPASS LAW
Reply #3 - Nov 30th, 2007 at 12:13am
 
I was only pointing out to smiler that if they read that bit of legislation which I have countless times the answer is clearly in there. You cannot wonder across someone elses drive its covered as exempt by the LRSA

I take on board your advice about chillying out Grumpy and as mentioned in the "this forum is a waste of time" I'm sorry for loosing the plot ..
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grumpy
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Re: TRESPASS LAW
Reply #4 - Nov 30th, 2007 at 12:01pm
 
Hi Coullboy,

obviously my view is that (from bitter experience) getting caught up is not normally productive and can lead to a loss of objectivity, tit for tat etc etc. However, there are some instances where all the talking and diplomacy makes no difference and that can make it impossible to resolve without litigation. If your neighour had been decent enough to ask permission to do whatever it is he is doing before he started would you have agreed, maybe with conditions? If so, then it's not what he's doing but the manner in whcih he is doing it. If you can take a step back and answer that question honestly then that will point you in the right direction.
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coullboy
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Re: TRESPASS LAW
Reply #5 - Nov 30th, 2007 at 4:54pm
 
yes we would of agreed with conditions we are not unreasonable people, but aslas he a very wealthy bully who just takes .... so it'll have to be done through litigation.
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