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Signage on private land…do they need it by law?

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  • September 3, 2017 at 9:44 pm #27593
    mattydubster

    I have a gravel bike and regularly cycle on all sorts of trails where i live in Norfolk.  I recently clashed with a rather aggressive farmer as I had somehow strayed onto his private road, which I joined from a known trail.  There was no ‘private’ sign and there are other trails going off from all sorts of directions, so it was easy for me mistakenly wander onto his precious road.  Are there any laws that state that he really should be marking his land as private?  In his aggressive tone, he stated that he didn’t have to but I said it would take him 2 minutes to drive in his gas guzzling 4 x 4 to drive over and put one up, then no one would go on his land.

     

    Just seems a bit dumb that people wouldn’t mark their land as private that’s all, if they really didn’t want others to encroach on it.

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  • September 4, 2017 at 10:40 am #901519
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    Mungecrundle

    Unless you are sure you are
    Unless you are sure you are on a public right of way, then best to apologise and ask for the most direct route off the property. In my experience over the years, most private land owners are happy to point you in the right direction back to the path, some are complete arseholes who refuse to acknowledge public rights of way even when clearly marked, and occassionaly you get an outright nutjob waving a gun at you for running whilst on a public footpath, upsets his cows apparently.

    Ultimately though it is your responsibility to navigate and know where you are.

    September 4, 2017 at 10:38 am #901517
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    FluffyKittenofTindalos

    I don’t think there’s any
    I don’t think there’s any legal requirement for him to put up signs. But then the quid-pro-quo of that, I guess, is the fact that trespass is not (outside of Buckingham palace and a few military sites etc, since that guy wandered into the Queen’s bedroom and they introduced a new law) a criminal offence.

    You can’t be arrested for it, and I guess (not a lawyer!) if nobody actually tells you to leave you aren’t technically committing any offense.

    You can accidentally wander onto his property, and all he can do is ask you to leave if he happens to catch you doing so. I suppose it only becomes a legal issue if you then refuse to do so?

    Though, what’s the legal situation if you go back another day to somewhere he previously told you to leave? Does the previous request still apply?

    Hmm, another question is, what would be the score if, having ‘accidentally’ trespassed, you injured yourself on something on his private land because it wasn’t safe? I _think_ you’d still be able to sue him, for the same reason why it’s not allowed for home-owners to install mantraps for burglars.

    Anyway, we pay to keep most farmers in business, so it’s all our land in any case.

    September 4, 2017 at 10:25 am #901515
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    madcarew

    It’s actually up to you to

    It’s actually up to you to ensure you’re allowed to be where you are. After all, you don’t just wander through any gate or door you see along the high street, do you? It may seem odd to you, but that is simply what it amounts to. Just because it’s ‘rural’ doesn’t make it any less private property than your back yard or front lounge. 

    September 4, 2017 at 8:06 am #901513
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    pruaga

    Take your question to it’s

    Take your question to it’s full conclusion:  Do you have a sign on the front of your house saying “Private: Only mattydubster allowed”?

    September 4, 2017 at 6:59 am #901511
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    barongreenback

    No, he doesn’t – your

    No, he doesn’t – your ignorance of his property boundary is not a valid defence to trespass.  There is no general right to roam in England and Wales unless areas are specifically marked as open access.  Note that tresspass is a civil rather than criminal matter so trespassers cannot be ‘prosecuted’ as the old cliche goes.

    Unfortunately you were most definitely in the wrong – the farmer can reasonably feel you should buy a map and compass to stay on the right track.   Who’s more dumb?  The farmer being expected to pay for signage for people who can’t read a map or the person who can’t be bothered to stay on the right path?

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