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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I own a field that is attached to the end of my garden. Across

Customer Question

I own a field that is attached to the end of my garden. Across the bottom runs a public foothpath. The users of this foothpath have gradually moved inti my field and wander from the foothpath into the field.

I am intending defining the foothpath in keeping with the Public Rights of Way, and putting up suitable notices.

1.What action can I bring against users of the path who, wander into the field, through stones and sticks and allow their dogs to run riot.

2. How should I phrase the notice to avoid causing offence but making it clear they are in breach.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. I would put a sign at either end, saying walkers should keep to the defined path and dogs must be kept on leads. You could also say "Anyone deviating from the legal footpath will be considered a trespasser" or words to that effect. It is very important to prevent people using the bigger field, as they may establish new rights over it. These signs will help prevent that. You could also put a fence along the edge of the path, separating off the rest of the field, but that may be costly.
wingrovebuyer : Appreciating that you don't want to offend anyone, the notices do need to be robust enough to prevent any confusion as to what walkers can and can't do.
wingrovebuyer : Wording to the effect that dogs must be kept on leads is not legally enforceable but gives users the right idea. You could also say "Dogs must be kept under control" which is perhaps more friendly.
JACUSTOMER-20x8un4j- :

If people persist to let dogs and themselves onto the field what recourse do I have

wingrovebuyer : It's problematic, because you'd have to catch the in the act either personally or on CCTV etc.
wingrovebuyer : However, your recourse would be to warn people off, saying if they trespass again you will have no choice but to take legal proceedings against them.
wingrovebuyer : These would be civil proceedings, in which you would ask for an injunction to prevent further trespasses. It's all a bit sledge hammer and nut, but it is the only way to prevent further incursions. Anyone ignoring the injunction would then be open to criminal prosecution.
wingrovebuyer : Is fencing the path off out of the question?
Expert:  wingrovebuyer replied 3 years ago.
Hi Errol. I suspect you're having some technical problems with the chat function, so I've switched us to Q&A. In addition, I have to go out for a couple of hours soon, but I will endeavour to finish off with you later tonight if that's ok.
Expert:  wingrovebuyer replied 3 years ago.
Hello?
Expert:  wingrovebuyer replied 3 years ago.
Hello?
Customer: replied 3 years ago.


I have a few more small points. Unfortunately I have just come out of hospital and I am suddenly feelinng worse for ware and not thinking staight. A few days to pull myself together and my thinking straight

Expert:  wingrovebuyer replied 3 years ago.
Sorry to hear that - get well soon! WB
Customer: replied 3 years ago.

Thanks for you patience.


 


I am putting up a notice and clearly demarcating the foothpath.


 


How much does an injunction cost.


Is the cost claimable against the third party


Does it have to be against one specified person or general


How is it enforced


What are the consequence if in breach

Expert:  wingrovebuyer replied 3 years ago.
Hello. If people continually ignore the signs and trespass you can get an injunction against a group of people to ban trespass. Anyone caught in breach could be arrested. To enforce it, you would probably have to post a copy up next to your signs, and take photos or video of trespassers so you can identify them to the police. To get the injunction, you may need to spend around £3,500 plus VAT, it could be a little less or a little more. Whether or not it is granted, we can't say - you'd need to convince the court that you'd done everything reasonable to warn people away.

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