Exceptions to the rule
Although trespass is a civil matter, there are some exceptions to this rule. By exceptions this means that trespass on the land IS a criminal offence and you CAN be prosecuted for trespassing upon it. It is important to stress that this is the exception, not the rule!
trespass’ for which you can be prosecuted criminaly will be sighted in local government or national legislation. Common examples of the types of property covered by such legislation is:
- Rail Yards
- Railway Lines
- Electricity Sub Stations
- Power Plants
- Gas Works
It is highly unlikely that a person would trespass onto such land without knowledge that they are doing so. Such property is required to display clear signage that in most cases will sight the piece of legislation that allows for prosecution of trespassers.
While this advice may only seem relevant to hoodlums and children that is not the case. It is quite possible that your property could trespass and cause danger, for example the fiting of a new water egress over an electrical substation would be a trespass; given that the station is subject to the above mentioned exceptions could leave the property owner liable to criminal prosecution.
If you have been contacted relating to a part of your property trespassing onto the above descirbed property, contact Direct Legal Services immediately on 01159 517 545