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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that private property is just that :-/

144 replies

WithoutCaution · 31/08/2012 15:23

We have a drive, at the top of the drive there is a gate onto our yard. Through the yard there is another gate which goes to the fields and at the end of that track there is a gate onto a nice quite road - leads to some nice hacking areas.

The entire of our property is private so no public access/right of way...

Recently I've noticed (since I'm at home a lot more) that several cyclists and walkers are using our drive/track as a cut through to avoid a busy junction and cycling/walking on a busy road (the same reason that we put the gate at the end of the track). I've tried putting up 'Private, No access' signs and locking the gates but I'm finding that the ones who feel it is their right to trespass are climbing the gates Hmm

I've also been told to go fuck my self when I've pointed out that they aren't meant to be on our property. My main problem at the moment is that we will be dog sitting my Uncles 2 outdoor GSD mixes for a month starting next week. These dogs will be living on the yard (they live on my uncles yard normally but the lady who's looking after his horses is scared of the dogs - They are big, very vocal if they spot someone who isn't meant to be there and have no problem launching themselves at the gates my ideal yard dog - If they know you they're fine). These entitled cyclists/walkers who use our yard/track as a cut through are going to be met with three locked gates/signs saying 'private property' and two big powerful dogs. I also have CCTV.

I think I've done everything I can to prevent them entering but I'm concerned that since they are entitled nob-heads they will continue to use our track and then claim some sort of injury as a result of the dogs. Is there anything else I should be doing? - Refuse to use beware of the dog signs as that is admitting some form of liability.

... It's more of an essay than I thought Blush

OP posts:
Pixieonthemoor · 18/09/2012 15:17

He banged on your door to complain about dogs on a public right of way??????? Utterly gobsmacked at the cheek of some people. I think MrsjREwing has it about right!

Report the bastard!! Does he trespass at a regular time of day? I'd have the police waiting for the arrogant prick!

Kendodd · 18/09/2012 15:20

May get shouted down for this suggestion but...

Can you just raise the white flag, strip off a bit of land and create a foot path and ask the council to adopt it?

I know this is not in the least bit fair to you, but it might just get rid of all the stress.

You could name the path after yourself and have a grand opening Grin

cumbria81 · 18/09/2012 15:21

It sounds to me like you have a lot of land. I think you should turn a blind eye. I wouldn't mind people passing through my garden if it was to get to a different road.

HeathRobinson · 18/09/2012 15:25

If you continue to 'allow' Hmm the trespasser to walk through, doesn't that create a right of way in itself, over time?

WithoutCaution · 18/09/2012 15:25

He uses our track a few days a week 7.30-8.30am (guessing on his way to work) then again at 3.30-4.30pm (on his way home?). DH is never around during those times so it's just me, DS and our dog (not the two visiting yard ones).

I'm hoping that as it gets darker he will be forced to use the road since I'm not putting the flood lights on for him and the part of the track furthest from the house is very dark at night.

OP posts:
WithoutCaution · 18/09/2012 15:31

That's just it Heath I don't want our private track to become an adopted right of way (no doubt we'd still have to pay for it's up keep and more people would use it). The only land that isn't garden/field or buildings is the track/drive that we built for our convenience.

I'm not comfortable with people I don't know going through the drive, yard and track.

OP posts:
HeathRobinson · 18/09/2012 15:36

I think I'd see a solicitor then. You don't want the trespasser setting a precedent.

Kendodd · 18/09/2012 15:55

Do you have a friend who could be around with you when the trespasser next arrives?

Can you film him if he's aggressive?

It sounds like actually it's just this one particular person who's the problem.

WithoutCaution · 18/09/2012 16:09

kendodd it is just the one person now as the others have finally stopped now that I've shown them proof that there is no right of way (think the dogs also helped). Why they refused to listen before is beyond me.

Think I'll leave the sheep on the track to graze for a bit tomorrow morning, might make it too difficult for him to force his way through Grin

OP posts:
bigsnugglebunny · 18/09/2012 16:17

I'd ring the police... tell them you're a lone woman and there's an unknown prowler on the property.Wink

Kendodd · 18/09/2012 16:32

I agree, call the police. Keep your mobile with you and call the police straight away next time you speak to him. I'd dial 999 if he's being aggressive.

ItsAllGoingToBeFine · 18/09/2012 16:35

What do you use the track for? Eg would it be feasible to fill part of the track knee deep in horse shit?

WithoutCaution · 18/09/2012 16:52

The track is to make it easier to get to and from some of the fields, move the sheep/horses and allows us to avoid riding on a busy main road. So it wouldn't really be practical to fill part of it in horse shit even though we have plenty of the stuff.

OP posts:
Scheherezade · 18/09/2012 17:02

I definitely agree with ringing police to say you have a prowler, say you're worried he's wanting to steal/rustle the sheep/horses.

frasersmummy · 18/09/2012 17:08

how many people are we talking about op.. not that it makes a difference to you if its 1 or 51 .. its still your property

but if its loads then I would reckon people have been doing it for a long time with no repercussions

frasersmummy · 18/09/2012 17:09

oops sorry .. i guess my screen had been sitting idle for a while and hadnt updated

whois · 18/09/2012 17:11

I wouldnt have the balls, but would love to follow the prick-head man home, and then the next day go and set up a deck chair in his garden while he is out. Sit there playing some loud music and smile and wave to him when he arrives home :-)

oopslateagain · 18/09/2012 17:32

He doesn't sound aggressive, just unpleasant. Go out and use your mobile to video him using the track. Be obvious. When he asks what you're doing, tell him you're compiling evidence and he can't object as you are filming on your own land.

ItsAllGoingToBeFine · 18/09/2012 19:26

Do you just have sheep and horses? Penning a herd of cows onto the track at his walk through time might work, though hopefully sheep would work too.

If knee deep horse shit is impractical how about a an area of ankle deep? Less obstructive to your everyday business, but unpleasant to have to walk through.

You can't borrow some geese can you?

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