Hmmm, a bit hard to say. I think it was inside the boundary, but only maybe a few feet from the road.
I'll take my camera with me tomorrow morning and try grab a photo, much easier than trying the explain it with words.
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There's more to it than that, though, isn't there? I mean, a property owner can't leave things he knows to be dangerous lying about, even within his boundary. Mrs B occasionally reminds me of something called Occupier's Liability, which would appear to apply here.
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Trouble with this is that one day (when they have a lie in) they end up with their new sofa tossed into the Garden pond, as the delivery van limps away with 4 flats.
Point is, that there maybe legitimate visitors who will turn up in the morning and you only have to forget to move it one morning ....
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dont think the fire brigade will be happy loosing its tyres when they come to rescue them one night
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Take a look at the following image form google maps:
img2.freeimagehosting.net/image.php?5e3c759101.jpg
I've circled the area and put a red dot where the nails are.
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As has been said, it's illegal to lay traps for people, but I'm less sure about visible deterrents - what about all the razor wire you see on top of chain link fences? Hurts if you try climbing on it, just like walking on the nails would be.
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Yes, but the postman and delivery drivers dont try to deliver things by climbing over fences.
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>...the postman and delivery drivers don't try to deliver things by climbing over fences.
Climbing, no; hurling - well, you wouldn't think so. But we had a parcel last year (with 'Signature Required' in big letters on the top) delivered over our 6ft gate onto the concrete paving below. Inside? £300 worth of porcelain tableware.
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You usually (always?) see warning signs on fences like that, though. Same at my children's school, where there's anti-climb paint on the roof edges.
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I would imagine it's illegal and if not, could certainly be sued if it causes damage. In the same way you could be prosecuted if you set a trap in your home to catch a burglar that seriously injures them (although I think that's fair enough!)
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Very stupid thing to do and asking for trouble.If it is on the house owners land then the public liability of his insurance would cover damage to third parties then claim it back I would guess.you simply cant do anything like this with the sole intent of causing damage when many people have a legitimate right of access
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As Defender outlines, under English common law (i.e. that made by practice & judgement of courts & judges) legitimate casual callers have an 'implied right of access' to your property, unless you specifically withdraw that right. So, as well as all the usual, postal workers, gas meter readers, police etc, is also includes charity collectors, Tv licence inspectors etc. (maybe even door-to-door salepeople)
The 'bed of nails' property could well be liable for any injury or damage caused by their 'deterrent' - a bed of nails indeed!
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when many people have a legitimate right of access
Who has legitimate right of access to private property? Even the police can't enter private property with out permission (unless on a raid, obviously).
Don't the only people with legitimate right of access be the owners?
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Aim low, expect nothing & dont be disappointed
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There's a difference between right of entry to a building and merely stepping over the boundary of the property. That's the implied bit - it's considered OK to walk up a drive and ring the doorbell, which is why we all do it without thinking it's anything unusual.
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There's a difference between right of entry to a building and merely stepping over the boundary of the property. That's the implied bit - it's considered OK to walk up a drive and ring the doorbell which is why we all do it without thinking it's anything unusual.
And it's why most people have their doorbell near the door rather than at the bottom of the drive. When the man from Camelot calls to tell this chap about his rollover win, would he like him to walk up to the door or just toss the letter into the drive?
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"new sofa tossed into the Garden pond"
Nice image! I imagine the problem will go away as soon as said owner forgets his own Pooh trap and drives over it himself. It probably is a 'him' isn't it?
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It probably is a 'him' isn't it?
Of course it could be a 'her' trying to get her own back on a £200 a corner 'him'.
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re "Don't the only people with legitimate right of access be the owners?"
ha ha you would be surprised the long list of people with right of access without court order
from
the fire brigade for a whole bunch of reasons
transco for gas related issues
customs have very wide powers of entry, much more so than the police
etc
and then of course theres a whole bunch more if they get a court order
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It's in Brentwood, Essex - enough said. The owner made it big in Ilford/Romford, has bought his country property, and wants everyone to know ....
(though I'm sure the OP does not conform to the Essex profile)
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It probably is a him.
About 70, nagged by a shrivelled-up wife - and maybe fed up with paying hundreds of pounds to have the fly-tipped rubbish cleared from his drive - yet again.
Once itinerant tarmac layers and roofers find a useful driveway, they'll return time after time to tip in the same place.
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To be honest I struggle to see how it's legal for Downing Street to have one of them hedgehogs but illegal for landowner in Brentwood, Essex to entrench himself from rescue services he might one day have a need for. I'd say it's stupid, inconsiderate and perhaps even insane, but I doubt very much it is illegal for him to do so. As another example - Manchester city council display appropriate warning next to the city centre and that, apparently entitles them to spike any car they see fit with the infamous rising bollard guarding way to "the shopping alley of the chosen few". I would imagine this is very similar - if the warning is there and what happens next corresponds to the warning previously displayed, chances are there is (unfortunately) nothing illegal about it.
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[Nissan 2.2 dCi are NOT Renault engines. Grrr...]
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the fire brigade for a whole bunch of reasons
My father was a fire officer and he carried a warrant card which allows him access in pursuit of his duty.
customs have very wide powers of entry much more so than the police
My wife works for HMRC and their powers are astonishing, although very rarely used.
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