Advice to land
owners, occupiers and others affected in the West Mercia
Constabulary area.
This document has been prepared to offer
advice and assistance from the Police to landowners and
occupiers who suffer mass trespass.
Obtaining possession of land
which is subject to mass trespass....
Civil Law
possession or prevention of tresspass
The following may be used to pre-empt trespass:-
High Court Injunction
County Court Injunction
To recover
possession of land following trespass
Criminal
Law Possession
Police have discretionary powers under
the Public Order Act 1986, which are complicated by
several provisos, and furthermore, do not apply to all
land. The power is confined to the removal of persons NOT
vehicles. The power will not normally be used if the
result is merely a second trespass nearby.
Self help remedies within the Law....
The Civil Law allows landowners and
occupiers to take precautions and try to prevent
trespassing.
However, extreme or aggressive
action may put the landowner on the wrong side of the
law, and leave him/her liable to civil or criminal
action.
Prevention
of access
Barricading of entrances is permitted,
provided that:-
rights of way are not obstructed;
and
care is taken that no injury is
caused to trespassers (Occupiers Liability Act
1984).
Tree trunks and farm machinery may be
used to block entrances.
Ditches which are owned by the occupier
may be used to deter access, but should not be concealed.
Direct
Action
Occupiers are advised NOT
to take direct action against trespassers.
Rural Watch Schemes in the West Mercia Police
area....
Rural Watch Schemes are being set up to cover the
whole of the Force area in conjunction with the National
Farmers Union. Their purpose is to provide two-way
information between the police and rural communities not
only about the likelihood of mass trespass but also about
other types of rural crime, such as thefts of livestock
and farm machinery, poaching and criminal damage.
West Mercia Constabulary encourage all rural dwellers
to form or join a Rural Watch Scheme in their area.
Further information is available from your local Police
or the National Farmers Union.
Assistance available from other organisations....
District Councils
Advice and assistance on matters such as noise pollution,
environmental health and stray dogs.
County Councils
Advice on County Council owned land and Social Services.
1st May. 1998
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