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#2
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"Jaques d'Alltrades" wrote in message k... The message from (Nick Maclaren) contains these words: Even bigger sigh. No, Nick, you're wrong. "Every inch of the countryside is owned by someone. It is trespass to go onto someone's land without authority - which means either their permission or some legal right. But the public are able to use large parts of the countryside, including some commons, and all public rights of way and country parks. [You and the Law. Ch 8.4 (Prof. Michael Furmston T.D., M.A., B.C.L., LL.M. & Dr. Vincent Powell-Smith LL.B., LL.M., D.Litt., F.C.I. Arb. - Hamlyn)] I am fully aware that the Little Texans among this poxious bunch of land reivers that claim to be the government of the country have been trying to revise history and the law, but that is complete nonsense and always has been. Neither in Anglo-Saxon law nor Norman law do people own land in the sense of property, but own rights to land. Ah. I was forgetting the agenda. Try looking at Case Law. You are NOT committing trespass if you enter someone's land without permission if you are trying to contact that person, and have reasonable grounds to do so. I didn't even imply that you were. You're doing a politician-being-interviewed act - answering the point you want to make, not responding to the one made. You do NOT have a right to access, and have to leave if requested, but you cannot be sued for trespass. And there are MANY other circumstances where you have no RIGHT of entry but have a RIGHT not to be sued for trespass. From the OED: The OED is not a legal authority. Indeed, it is well out of step with normal English usage, with its '-ize' constructions - however correct it might be from descent from the Norman and Anglo-Saxon standards. ;-p Trespass to land. A wrongful entry upon the lands of another, with damage (however inconsiderable) to his real property. In particular, look at the reference to Blackstone (a rather more authoritative source than yours), which says "and doing some damage (however inconsiderable) to his property". Unfortunately I don't have Blackstone to hand - and on Dial-up, I'm not wasting valuable online time looking it up. Most of my other law textbooks are in store, or I'd shoot you down in flames. Sorry. Trespass just means a wrong against someone, and entering someone's land without lawful excuse is trespass. Only in Texas. We haven't YET, QUITE been turned into Little Texas, and there are those of us who will do our damnedest to stop you Little Texans from doing it. Ah, agendas again. And, doing damage can be a criminal offence if it is done deliberately, depending, I think, on the value of the damage done. Ever heard of 'Criminal Damage'? Of course. If I had referred to that, I would have said so. You did, and you said that doing damage was not a criminal offence. Treapass by itself is actiuonable, but one who sues might expect to be awarded a minute sum in damages, and it is unlikely that it would be ordered that their costs be paid by the defendant. And merely entering someone's land even WITHOUT reason is not actionable. If you sue, and make NO attempt to claim for damage, you will lose and have to pay costs. If that were not so, there would be far more vindictive cases for trespass than there are. With the threat of having to pay *ALL* the costs of the case, I find that unlikely. (I wish I had Tony Weir's excellent casebook to hand - ISTR that very point in case law.) There is no law of Common Trespass in Scotland. There is an equivalent - at least to the law in England, though not to what you claim is the law. No, there isn't. Trust me. -- Rusty Open the creaking gate to make a horrid.squeak, then lower the foobar. http://www.users.zetnet.co.uk/hi-fi/ You are correct ,I have posted three reliable references with links ( and case law) and they still argue the toss. The OED is a reference for English language not statutory law. |
#3
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"Jaques d'Alltrades" wrote in message k... The message from (Nick Maclaren) contains these words: snip, snip, snip No, there isn't. Trust me. Trust a lawyer? (Exits laughing heartily.....) |
#4
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The message
from "Duncan Heenan" contains these words: "Jaques d'Alltrades" wrote in message k... The message from (Nick Maclaren) contains these words: snip, snip, snip No, there isn't. Trust me. Trust a lawyer? (Exits laughing heartily.....) IANAL... -- Rusty Open the creaking gate to make a horrid.squeak, then lower the foobar. http://www.users.zetnet.co.uk/hi-fi/ |
#5
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"Jaques d'Alltrades" wrote in message k... The message from "Duncan Heenan" contains these words: "Jaques d'Alltrades" wrote in message k... The message from (Nick Maclaren) contains these words: snip, snip, snip No, there isn't. Trust me. Trust a lawyer? (Exits laughing heartily.....) IANAL... I can see that from the quality of your advice. |
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