Neighbours trespassing

[Kam610]

We moved into a property at the beginning of the year. We have some land which comprises of fields and also some woods and ponds. It is all fenced off, and the woods and ponds are not accessible from the road that is nearby. Our neighbours live across a small burn which is down beside our ponds. They built some steps at their side of the fence, so they could climb over onto our land and access the ponds and woodlands. This was done probably a few years ago while the previous property owners were here, but they never said anything about it. However we have a huge problem with this. We spent a lot of money to buy this property and don't like the fact that our neighbours are using it. We have expressed to them that we don't want anyone walking on our land, but have still caught them a few times and they have scurried their way back over the fence. They have always had lame excuses for why they were over on our side. Today I was snooping on the woman's Facebook page and saw that she had posted a video of her and her cats (?) out for their daily walk, which was clearly on our land!
I have taken screenshots of this for evidence. But what can we actually do? I know it's not a legal matter, so can't report to police. We have told them and made it clear we don't want them on our land but they continue to do it. I'm worried about something happening to them while they are on our land and us being liable.

Speak to a solicitor, get something sent to them in writing, keep logging events

Get an electric fence

Block access from the steps on your side of the fence - then send a cease and desist letter.

Put a bird scarer in the field or a wildlife camera? Electric fence, barbed wire? Write them a letter asking them to stop and explaining you've put a camera up/ electric fence/ etc up.
Get some geese, the chasing kind.

I would block off their access point(s) and get a solicitor to send them a letter on your behalf.
The devil in me says climb into their garden and make yourself at home there to drive the point home.
You mention a burn, are you in Scotland? Would that right to roam thing mean they can do this? I wouldn't have a clue as in southern England.

It is a legal matter, just potentially not a crime.

I would be so tempted to take a chair into their garden and sit there a while and see what they say to you! Solicitor's letter. I like the electric fence idea too.

Build a larger fence on your side of the steps.
It's your land - it takes some nerve to keep using it despite you asking them not to!

Trespass is a civil matter I believe. But you can still send a Cease and Desist letter to get the ball rolling while you make the fence inaccessible from your side.

My husband will be going down there tonight to remove the steps.

Unfortunately geese would not stop them, they have around 5 geese themselves which make such a noise 24/7!

I have been tempted to go into their garden actually to see how they like it 🤣 but they annoy me so much I don't even want to look at them.

I am in Scotland yes. Right to roam is a complex thing but I think it only applies if they need access to get through, whereas they are just coming onto our land for a leisurely walk. They have ponds of their own and a lovely plot, so I don't know why they insist on coming over to ours.

Thanks everyone for the replies. Have left a message with solicitor so will take it from there.

That's a shame. I know guard geese are usually very useful.
Do they in anyway have a right of access? Right to roam, foot path etc?
Could you keep a larma or a bitey Shetland pony? Shetlands can be vicious.

I suspect if they belong to them then that is criminal damage even if they are on your property and you essentially come along and vandalise it.

we have a similar problem to the extent the trespassers nailed bird boxes into our trees as well. We put a Facebook post up on the local village page stating that they had x amount of days to come and remove them or we would.

they didn't come (we knew who it was anyway as we knew the family regularly trespassed there) and we eventually took them down and relocated them somewhere far more suitable on our farm - they are now well used.

so I would suggest some communication first stating they have x amount of time to remove their property from you land or you will be doing it.

I think you need to sit down with a land access specialist solicitor and the deeds and find out where you stand.

in Scotland right to roam isn't about needing access it is about a right to roam aimlessly or with a purpose of getting from A to B or just a stroll. However this right does not extend to what is called the curtailage of a property this would be formal gardens garages workshsops barns stables yards, farm yards etc
it depends on the acreage if you have 1-2 acres of definitely formal gardens then there is not a right to roam within them even to access ground which is right to roam but if you have formals gardens then some woodland they might well have a right to roam in the woodland. We have a simlar situation we have 2 acres of walled garden around house then own a few more acres of woodland outside the wall, they do not have the right to walk up our driveway or through our garden to access them they have to be accessed over other land with a right to roam. It is very rare we find people in our woodland but people do have a right to roam on foot by bicycle or horseback, not with a car or quad bike though, I have a feeeling that the fields woodlands and ponds are within the right to roam however they can't build steps, erect stiles etc on your land, you are not responsible for their safety so long as you have not made anything as a trap or a definite hazard, an electric fence would need to have a reason and be labelled ie it is to stop your horses leaving the field, you can't put up fences just to stop neighbours accessing the woodland. Consult a solicitor as rarely would a woodland not have the right to roam

Right to roam is a complex thing but I think it only applies if they need access to get through, whereas they are just coming onto our land for a leisurely walk

Thats not my understanding of it, there's a lot of very unhappy Scottish farmers who have people going for leisurely strolls all over their fields all the time with very little they can do about it.

I have been tempted to go into their garden actually to see how they like it

Gardens around houses are specifically excluded from the Right to Roam.

It's your land - it takes some nerve to keep using it despite you asking them not to!

If it is Scotland they may have every right to carry on regardless. The OP’s solicitor should be able to clarify.

Temporary thing
motion activated sprinkler

Sorry, but what is a 'small burn'???

On he motorway, you often see cameras being run via a solar panel and mini wind turbine on the top. I'd have no idea of cost, but wonder if that would be an option, as a deterrent and to collect evidence.

We have a night vision camera to watch hedgehogs, but the batteries get churned through though. Is there any mains power in the vicinity?

Put up 'No trespassing' and 'Security Camera in Usage' signs

If the fencing is owned by you, rub grease all over the top. Ideally- grease which has the same ink they use in clothing stores, and it explodes when you try to get the tag off.

We bought fake cameras online until we'd install proper ones. They were battery operated and had a red light at night. They looked real to me! 😆

if the steps are on their side of the fence you can't remove them. it doesn't matter how much you paid for the land only the garden garages etc are excluded from right to roam. and of course if neighbours also have some woodland OP can wander in it but not their garden.

a small "burn" is the scottish word for a small stream / rivulet / brook etc.

No trespassing is not a thing in Scotland and certainly putting grease or paint on the fences with the idea of stopping anyone not just the neighbours right to roam would be frowned on and it will be OP getting the solictors letter. It's seems like due diligence about right to roam was not done as it appears OP thought it was about necessity when actually it is about not stopping access to land for recreation

A burn is a stream or brook in Scotland.

SM4173 'small burn' = 'little stream'. You could have googled that or just worked it out from the context 🙄

Much of the advice here seems to come from people who don’t understand how Scottish legislation differs from the rest of the UK.

I would strongly advise you not to take any of these ‘repel trespassers’ actions, since, by the sound of it, as some PP have noted, they are not trespassing at all.

The access code sets out your responsibilities as a landowner, and your neighbours rights, under the Land Reform legislation.

https://www.outdooraccess-scotland.scot/