
Originally Posted by
PETERTHEEATER
I think that under current thinking a landowners refusal is as much to do with potential liability as trespass. I think that there have been cases of individuals - who trespassed without the landowners knowledge - sustaining injuries (fell down a hole etc) who have then sued the landowners.
Any person can enter a place if the landowners permit it. However, this does not necessarily make a permanent right of access, and unless they have dedicated a bit of land to be permanently open it is within the power of the landowner to ask any person to leave, assuming that person does not have some other lawful reason to be there. The landowner does not have to give a reason. If the person does not go immediately, by the shortest practical route, then they are trespassing. Despite the well known sign ‘trespassers will be prosecuted’, trespass is not a criminal offence and trespassers cannot usually be prosecuted. They can, however, be sued. There is little chance of such a matter ever being so serious as to be worth suing over, and so this rarely happens.
The above is an extract from an interpretation of the law of trespass.
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