#31   Report Post  
Old 10-11-2004, 07:35 PM
the q
 
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"Nick Maclaren" wrote in message
...

In article ,
"Saffy" writes:
| "Mike" wrote in message
| ...
|
| If fruit drops onto a neighbours land it is theirs to keep. How come
the
| football coming onto their land isn't?
|
| I read recently that windfall apples belong to the owner of the tree
even if
| they fall on someone elses land. You are not obliged to let on your
land to
| pick them u however but you can't legally keep them yourself.

That is supposed to be so, and the police are exceeding their powers
when they order people to hand things back. However, because you
are not allowed to keep your neighbour's things that fall on your
land, you can't even pick them up!

A reasonable compromise to an excessive number of balls flying over
is to refuse to stop what you are doing to return them or enable
access, and to tell them to come back at a time of your choosing.


Regards,
Nick Maclaren.
Nick is entirely correct here I have a book on household laws, and the
later mails showing the law on theft do not apply case law shows that you
Do NOT have to return the ball until you touch it. They have committed
trespass on your property by putting the ball on it and they have no right
of access or return of the ball. What we did when we had the same problem
was to give them a time several hours later at which they could return to
collect the balls. We also had a Border collie who liked to sink his teeth
in to footballs which helped...


The Q



  #32   Report Post  
Old 10-11-2004, 07:49 PM
Cereus-validus...
 
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The devil cannot enter your home unless you invite him in.

Allowing the neighbor kids into your yard to retrieve their balls is
inviting a whole lot of trouble. They will be nowhere nearly as careful with
your plants, garden and property as you are.

"Sacha" wrote in message
k...
On 10/11/04 16:15, in article , "ex

WGS
Hamm" wrote:


"Sacha" wrote in message
k...

snip

Tell them they don't need to ask - just go and get it. Worked fine for

me
some years ago.

Then they would be trespassing and if it was my garden, they would be in
grave danger of being seriously injured by my dogs.


But it isn't your garden and they're not trespassing if they ask and are
granted permission. And we don't know that the OP has dogs. At that
particular point in my life, I had two dogs and it never crossed my mind
that they would attack anyone, let alone children, because that wasn't in
their nature. I see no point in keeping vicious animals.
--

Sacha
(remove the weeds for email)



  #33   Report Post  
Old 10-11-2004, 08:01 PM
Cereus-validus...
 
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Sure Franz, maybe not republican in name but certainly republican in spirit!

Tony Blair may belong to the Labor Party but he is a closet Conservative
chicken hawk just like Dubya!! They both served the same amount of time in
military service!!!!

Sure Franz, you are just cursed with object of scorn Prime Ministers like
Tony Blair. Not much of a difference at all!!!


"Franz Heymann" wrote in message
...

"Cereus-validus..." wrote in message
. com...
Yeah, that Theft act is a bit convoluted. It protects the stupid and
punishes the victim. Must have been written up by a republican

judge.

There are no republican judges in the UK.

The
neighbor should have returned the balls deflated with punctures in

them!

You son is obviously a dyslexic dumb jock meat head. Don't want to

know
anything more about your dimwit spawn. His not being able to keep

his balls
out of neighbor's yards six times (or more) is all the proof one

needs of
how inept the dullard is. He's so dumb, he could be president some

day!

We are not cursed with objects of scorn like presidents in the UK.

Franz





  #34   Report Post  
Old 10-11-2004, 09:22 PM
Tumbleweed
 
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"ex WGS Hamm" wrote in message
...

"Sacha" wrote in message
k...
On 10/11/04 6:16, in article ,

"Brian
Watson" wrote:


"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5 mins
asking

if
they can
go into my garden to get their ball back?

Remember you were a child once too. Then it won't matter.


Tell them they don't need to ask - just go and get it. Worked fine for
me
some years ago.

Then they would be trespassing and if it was my garden, they would be in
grave danger of being seriously injured by my dogs.


Then you would be in serious danger of being prosecuted for keeping
dangerous dogs, and your dogs in serious danger of being killed*.

--
Tumbleweed
*aka 'put down'

Remove my socks for email address


  #35   Report Post  
Old 10-11-2004, 09:22 PM
Tumbleweed
 
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"Cereus-validus..." wrote in message
. com...
The devil cannot enter your home unless you invite him in.


He can if he drives a TV detector van.

--
Tumbleweed

Remove my socks for email address




  #36   Report Post  
Old 10-11-2004, 09:55 PM
Mike Lyle
 
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Tumbleweed wrote:
"ex WGS Hamm" wrote in message
...

"Sacha" wrote in message
k...
On 10/11/04 6:16, in article
, "Brian Watson"
wrote:


"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5

mins
asking

if
they can
go into my garden to get their ball back?

Remember you were a child once too. Then it won't matter.

Tell them they don't need to ask - just go and get it. Worked

fine
for me
some years ago.

Then they would be trespassing and if it was my garden, they would
be in grave danger of being seriously injured by my dogs.


Then you would be in serious danger of being prosecuted for keeping
dangerous dogs, and your dogs in serious danger of being killed*.


And your dogs won't attack people they've been introduced to. I quite
like the idea of next-door children feeling welcome to pop in and
collect their ball: gardens always look better with children in them.
Pays dividends later on when you want some little job done, too!

Mike.


  #37   Report Post  
Old 10-11-2004, 10:13 PM
ex WGS Hamm
 
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"Sacha" wrote in message
Tell them they don't need to ask - just go and get it. Worked fine for

me
some years ago.

Then they would be trespassing and if it was my garden, they would be in
grave danger of being seriously injured by my dogs.


But it isn't your garden and they're not trespassing if they ask and are
granted permission. And we don't know that the OP has dogs. At that
particular point in my life, I had two dogs and it never crossed my mind
that they would attack anyone, let alone children, because that wasn't in
their nature. I see no point in keeping vicious animals.


The poster to whom I was replying said, "they don't need to ask - just go
and get it.".
That implies no permission was sought. It would thence be trespass.
So you had 2 dogs who would not guard your property. Good for you. What was
the point in keeping them?
Only one of my animals could be considered dangerous. I keep him because I
love him, he loves me and I have no fears of pikeys or anyone else breaking
in to steal my parrots from the aviary block while he is in the yard. Or
breaking in to steal anything for that matter.
You don't see the need, but perhaps you don't live way out in the sticks
with no streetlights, on your own and where other properties on the 2 mile
remote stretch of lane have been broken into.
All I can say is that it is a good job Kip never came to you as a pup. You
would not have seen the need to keep him and would no doubt have had him put
down.
Good job we aren't all the same. I could not abide a dozy bugger of a dog
who would not protect me and mine.
I was making a point to someone who maintained it was ok for the kids
firstly to kick the ball over, and then to simply go and fetch it without
asking permission. The garden owner might have a dog who hated kids, he
might also have had a shed with chemicals in or a greenhouse with brittle
glass, or a fall in-able pond for the little darlings to drown themselves
in.
The point I am making is that nobody should enter someone's property unless
they have permission.


  #38   Report Post  
Old 10-11-2004, 10:16 PM
ex WGS Hamm
 
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"Tumbleweed" wrote in message
. ..
Then you would be in serious danger of being prosecuted for keeping
dangerous dogs, and your dogs in serious danger of being killed*.


Actually no I would not. There is no law against keeping a dangerous dog as
long as certain precautions are made. The precautions I make are keeping
them in a secure garden behind high hedges and 6 foot high gates which
cannot be opened from the outside. And he is not in any danger of being
killed if he bit. He no doubt would run off never to be seen again if he
badly bit someone. Shame. Then I would look about for another dog just like
him and find one in a couple of months. Deep joy .
Whomever took the time and effprt to scale the 6 foot high gates hearing 7
dogs barking and snarling behind them would have to be really stupid. I
doubt it will ever happen.


  #39   Report Post  
Old 10-11-2004, 10:19 PM
Jaques d'Alltrades
 
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The message
from "Joanne" contains these words:
"Jaques d'Alltrades" wrote in message


Sorry about the long reply but this is the actual law ............

Depriving someone of their property without legal right, but with no
intention of depriving them of it permanently (legal right might be for
instance, the police removing evidence) is a civil offence, and usually,
a criminal offence, too.


"Theft By Finding" is what it used to be called, I think; if you find
something that isn't yours and you keep it, then it's theft.


No, theft by finding is still with the intention of depriving
permanently the owner of the goods.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/
  #40   Report Post  
Old 10-11-2004, 10:19 PM
Mike Lyle
 
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ex WGS Hamm wrote:
"Tumbleweed" wrote in message
. ..
Then you would be in serious danger of being prosecuted for

keeping
dangerous dogs, and your dogs in serious danger of being killed*.


Actually no I would not. There is no law against keeping a

dangerous
dog as long as certain precautions are made. The precautions I make
are keeping them in a secure garden behind high hedges and 6 foot
high gates which cannot be opened from the outside. And he is not

in
any danger of being killed if he bit. He no doubt would run off

never
to be seen again if he badly bit someone. Shame. Then I would look
about for another dog just like him and find one in a couple of
months. Deep joy . Whomever took the time and effprt to scale the

6
foot high gates hearing 7 dogs barking and snarling behind them

would
have to be really stupid. I doubt it will ever happen.


Blimey!

Mike.




  #41   Report Post  
Old 10-11-2004, 10:20 PM
ex WGS Hamm
 
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"Mike Lyle" wrote in message
...
And your dogs won't attack people they've been introduced to.

Kip will.He has done.

I quite
like the idea of next-door children feeling welcome to pop in and
collect their ball: gardens always look better with children in them.
Pays dividends later on when you want some little job done, too!

But not everyone *likes* kids. It so happens I don't particularly and don't
see why I should have other people's inflicted on me. I like the kids next
door and am happy to spend time with them and buy them pressies at xmas but
other than that, you can keep them.Next door's kids are the only ones around
here and they are too little to try to get into the garden. They wouldn't
anyway as they know Kip bites. Other than the chavs from the council estate
perhaps walking past to the local bonking site of an evening, there aren't
any young people. Not even the macho chavs are stupid enough to try to get
into the yard.They know about my dogs and they know about me.


  #42   Report Post  
Old 10-11-2004, 10:23 PM
ex WGS Hamm
 
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"Des Higgins" wrote in message
...
Ehhhh, I have two young kids of my own already who play in the garden. If
balls come in, the kids just deal with it themselves. If they make a

mess,
I ask them to be careful. They are nice kids (mine and the neighbours').

I think one is more tolerant when one has children. I am a crabby middle
aged woman who's son is adult and lives away :0)
I have smashing neighbours too which is great. But not everyones garden is
safe for kids. If the people whos garden the ball goes into do not have
kids, they might have all kinds of chemicals stored in all kinds of
containers (pop bottles) and a barel of toxic homebrew in the shed. Who
knows what kids would do if they had the chance for a nosey about if nobody
was in. I know I would have when I was a kid ;0)


  #43   Report Post  
Old 10-11-2004, 10:26 PM
ex WGS Hamm
 
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"Jaques d'Alltrades" wrote in message
k...
The message
from "suspicious minds" contains these words:

Sorry about the long reply but this is the actual law and I have

underlined
the parts which could apply to the keeping of balls and fruit etc


However, you have not mentioned conversion.

Depriving someone of their property without legal right, but with no
intention of depriving them of it permanently (legal right might be for
instance, the police removing evidence) is a civil offence, and usually,
a criminal offence, too.

I would have to argue that one. My brothers ex girlfriend stole everything
out of his house when he was away on holiday. When the police turned up she
said she took most of it 'by mistake' and would eventually give it back to
him. 6 months later and it still wasn't returned and the police would do
nothing. He even when to the chief of police to see if this was correct and
to dayte she still has his stuff, apparently in storage and plans to return
it 'eventually'.


  #44   Report Post  
Old 10-11-2004, 10:34 PM
Jaques d'Alltrades
 
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The message
from "Tumbleweed" contains these words:

The devil cannot enter your home unless you invite him in.


He can if he drives a TV detector van.


No, that's not the Devil, it's only a minor demon, and he can't get in
without a court order.

The Devil comes with a Customs and Excise crowbar.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/
  #45   Report Post  
Old 10-11-2004, 11:35 PM
FF
 
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On Wed, 10 Nov 2004 00:22:26 -0000, "PhEaSaNt PLuCKeR"
wrote:

How can I stop the kids next door keep coming round every 5 mins asking if
they can
go into my garden to get their ball back?


Do what the bloke 2 doors down from me did. Tell the most responsible
parent yer wife's got a terminal illness. This story will then filter
down to the smallest footballer within 24 hours.

I've had the little blighters playing footie outside my house (to spare
her the noise!) for 3 years now ..... and I've got proper glass windows
at the front!

I didn't twig till this summer when the neighbour in the middle told me
the only time she'd ever seen her ill, was with falling-down-sickness
outside the local on a Friday night.

My how we laughed!

Liz
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