Privacy/liability-kids climbing into garden

R

rosebery

Guest
Not sure if this is the right place to post this but sure I will try it anyway.

My neighbours have been climbing into my back garden (uninvited) to retrieve footballs etc. A friend told me that if they were injured while on my property, they could sue me, even if I had not given them permission to come in. Is this true?

I have not yet told them not to come in (nor have I told them that they can) , and there are no signs up saying private property.

Thanks for any help.
 
Re: Privacy

Yeah, i'm pretty sure thats true. Makes no sense of my old neighbour who had a gun in his hand whenever we crossed his field!!
 
Re: Privacy

There was a similar thread recently, the verdict was to plant lots of really thorny bushes and hope for the best.
I have to say that would really annoy me.
 
Re: Privacy

Check out this thread for some prior discussion.

I have edited the thread title to make it more relevant-please try and use more detail in future.
 
Re: Privacy

Check out Section 4 and section 5 of Occupiers Liability Act 1995.

It relaxed the duty owed so that a lower standard is expected from Landowners (in particular Farmers, who were the impetus to make the new act) for trespassers (esp. hillwalkers for farmers).
Unless you intentionall or act with reckless disregard, you'll be okay. i.e. don't fill your garden with landmines or camoflaged pits with spikes at the bottom and you should be ok.

4.—(1) In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon ("the person") a duty—

( a ) not to injure the person or damage the property of the person intentionally, and

( b ) not to act with reckless disregard for the person or the property of the person,

except in so far as the occupier extends the duty in accordance with section
 
therave said:
put in a sprinkler sysytem..
Click to expand...

This just makes it worse I have recently purchased a sprinkler for my garden to prevent the lawn from drying out in our latest heatwave every time the sprinkler gets turned on after a few minutes a few small kids always gather around and try leaning over the wall to see who can get hit by the spraying water, have had to turn it off a few times before they decided to venture into the garden.
 
What would be an interesting idea would be considering what falls short of "reckless disregard" for neighbouring kids.

From CCOViCH's thread, putting broken shards of glass on a wall that the kids would pass over would be regarded as "reckless disregard".

I wonder if putting up an electric wire (as used for keeping cattle in) would be considered "reckless disregard" - I can't imagine it would be - there is no permanent damage unlike from broken shards of glass. (unless it forced the children to jump from a 20ft high wall etc. - you get the idea)

Anyone else any ideas? Or am I just mean?
 
In my mind's eye, I have to say I prefer your 'camouflaged pits with spikes at the bottom' solution, Superman...

But from a legal point of view, an acceptable alternative might be to coat the tops of the walls with that horrible sticky brown tar stuff (can't remember what it's called, but I've seen it used as a deterrent instead of broken glass). A few pairs of their trousers destroyed with that would bring the message home to whoever washes/buys their clothes, non..? :)
 
DrMoriarty said:
But from a legal point of view, an acceptable alternative might be to coat the tops of the walls with that horrible sticky brown tar stuff (can't remember what it's called, but I've seen it used as a deterrent instead of broken glass).:)
Click to expand...

It's simply called "Anti- intruder paint", check out www.watco.co.uk for details, although warning signage will be required!
 
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