Legal question about trespass

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Thu 29 Jun 2006 14:33
Legal question about trespass - Rob C
This is a bit of a general legal question, but I'll give it a car slant to justify it.

I seem to recall from my law lectures way back at University, that if a car were to crash into my garden I can claim it as my possession and thus make the removal of it, by the owner, an offence. Does anyone have any knowledge about this?

I've trawled the internet but cannot find any reference to it, but I think it's either trespass or nuisance.
If true, then I presume it dates from livestock wandering across boundaries.
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Thu 29 Jun 2006 14:44
Legal question about trespass - Altea Ego
No you can not claim it as yours.

see this case -

h ttp://news.bbc.co.uk/1/hi/england/coventry_warwickshire/5113082.stm


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TourVanMan TM < Ex RF >
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Thu 29 Jun 2006 15:02
Legal question about trespass - Rob C
There's other factors involved in that news story, like the neighbour being an annoyed policeman and abusing his position.
I was thinking more Law then enforcement.
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Thu 29 Jun 2006 15:17
Legal question about trespass - Altea Ego
you saying the policeman acted outside the law? You cant claim that just because something appears on your land its yours. Crashed boeing 747 onto your land? is it yours? of course its not..

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TourVanMan TM < Ex RF >
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Thu 29 Jun 2006 15:20
Legal question about trespass - local yokel
I think you might as landowner be able to make a reasonable charge for the feeding of the livestock until collected.

As far the the crashed car is concerned, all you can expect and claim is to be put back into the position you were in immediately before the crash, so the wall would be repaired, lawn re-laid, and roses re-planted.
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Thu 29 Jun 2006 15:23
Legal question about trespass - Altea Ego
you might be able to sieze the car or jumbo in leu of or until compensation is paid, but you will then also be responsible for its care to ensure its condition does not deteriorate.
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TourVanMan TM < Ex RF >
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