The Census – Danny Asks – New Video

Have added Dannys latest telephone conversation with Matt to the original post.

Matt does not agree with our right to not doing something at our own expense. Surely then there is a legal authority proving his belief? Or maybe statute can be made up on the spot?

There is a long pause when asked if the “implied right of access” to your property is removed and …!


EDIT: I wrote this in reply to a comment but will add it here so that it isn’t missed:

For anyone unfamiliar with “implied right of access”, I understand it as this:- your home and surrounding land is your PRIVATE PROPERTY and anyone wanting to enter your private property needs your consent to do so. No consent equates to trespass. In order for mail, milk, parcels etc to be delivered and for tradesmen, friends and family to visit you at your home, for CONVENIENCE there is an IMPLIED right of access, otherwise everyone would need special permission.

You could if you wish create a notice granting access to everyone except – and then list of those to whom access is denied; religious canvassers, voter registration canvassers, sales people, utility canvassers etc.

I don’t know of any specific laws or judgements regarding implied right of access (EDIT: Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.), if anyone reading does I would be very grateful if you would let me know. Also, what is the process for bringing a prosecution for trespass? Do YOU set the amount required for damages?

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9 thoughts on “The Census – Danny Asks – New Video

    • He is indeed. 😎

      For anyone unfamiliar with “implied right of access”, I understand it as this:- your home and surrounding land is your PRIVATE PROPERTY and anyone wanting to enter your private property needs your consent to do so. No consent equates to trespass. In order for mail, milk, parcels etc to be delivered and for tradesmen, friends and family to visit you at your home, for CONVENIENCE there is an IMPLIED right of access, otherwise everyone would need special permission.

      You could if you wish create a notice granting access to everyone except – and then list of those to whom access is denied; religious canvassers, voter registration canvassers, sales people, utility canvassers etc.

      I don’t know of any specific laws or judgements regarding implied right of access (EDIT: found one – Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.), if anyone reading does I would be very grateful if you would let me know. Also, what is the process for bringing a prosecution for trespass? Do YOU set the amount required for damages?

    • Trespass

      It is a perpetual myth that there are no trespass laws in Scotland. Even before the recent Criminal Justice and Public Order Act 1994, trespass has long been a delict (civil wrong) which is remediable by the remedies of interdict and damages. However, The Land Reform (Scotland) Act 2003 amends the Trespass (Scotland) Act 1865 and establishes a statutory right of access.

      Certain types of trespass have been criminal since the Trespass (Scotland) Act 1865 was passed, an Act no-one has ever heard of. Section 3 makes it an offence for any person to lodge in any premises, or occupy or encamp on any land, being private property, without the consent of the owner or legal occupier. Admittedly this section envisages a degree of permanency which will not be present in every situation of trespass.
      Source

      Might be worth checking out?

    • Hi Gillwill,
      Looking at your letter you recieved, now In England and Wales there is harrasment protection by using S40 of the adminstration of justice act, Unfortunatly that Act does not apply here in Scotland, however there is handy acts out there that you could use should they visit you, the protection from harassment act 1997 applies here a debt collector cannot visit your home without prior appointment. Under Common Law, you can refuse anyone an access to your assets without a warrant or a court order. You should write to the debt collector that they cannot visit your place without prior appointment and that you do not want them to visit your home. However, if they pursue you, they will be committing a ‘Tort of Trespass’ and you can deem this behaviour as an act of harassment. I need to look at your letter again
      Source

  1. Thanks for that Slim.

    Yes, common law here seems to be “worth” more than the rest of UK for some reason.

    I may have confused trespass with the the right to roam. As long as no damage is caused you can go anywhere you like in Scotland. Although I am certain MoD properties have restrictions.

    CR.

  2. Just to throw my tuppenyworth in to the dicussion…

    I, too, have an implied access sign at the entrance to my private property. 3 categories:

    1. Implied access – friends, deliveries, emergency services on emergency call out etc
    2. Corporate visitors, non-emergency visits by police etc
    3. No access granted, EU personnel, UN personnel, those wishing to cause harm or break the peace etc.

    Group 2 only get access once they have completed my H&S induction training and been background checked to make sure they don’t have a criminal record.

    The issue is that its your liability as the owner of the property that is being protected, not some arbitrary trespass deal. If you do not have conditional entry posted then by default you have agreed to be responsible for anyone entering your property.

    ‘Your property’? Is there such as thing in England as private property in the sense that no-one else has a claim on it? The Crown might have something to say on that one! I’ve researched this subject and won’t bore you with the details but be careful assuming you own private property. Its a complex field of study. I have been sending off FOI requests and its a hot potato. HSE don’t recognise a dwelling as being under their jurisdiction. Councils are another matter. Council Tax is a commercial tax. Your home is at least partly a ‘premises’, hence why they send demands and bills to it. You have every right to protect your commercial as well as your private interests by restricting access.

    Refer to Daily Mail article in, I think August, last year where a postie successfully sued a private homeowner for tripping on her footpath and hurting his knee. This is the proof that it is a commercial matter and you should take steps to limit your liability.

    Forget trespass. Think commercial and personal liability and you’re on the right path….

    rob: of Clan Lennox

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