DCA Home visit - Scotland

[stabradop]

Hi all

 

I am referring to this paragraph :-

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance./I]

 

Is there an equivalent for Scotland with the relevant case references etc? Its just that I am a member of another forum where the above is relevant and I have been asked if the English one is relevant in Scotland.

 

Thanks in advance:)

[Undercover-Elsa]

Hi Stabradop,

You may find this extract from Wikipaedia useful :

Trespass (Scotland) Act 1865 1865 CHAPTER 56, Sections 28 and 29 Vict An Act to provide for the better Prevention of Trespass in Scotland.

This covers : "Premises” which shall mean and include any house, barn, stable, shed, loft, granary, outhouse, garden, stackyard, court, close, or inclosed space:

And Roads other than a waterway; or without prejudice to section 100© (damage to roads by fire) or 129(4) (camping in a road) of the Roads (Scotland) Act 1984, a road within the meaning of that Act.

Essentially this means that if you have your own property or private road in Scotland the law of Trespass is stricter than that of England.

The exact wording for this is as follows:

Every person who lodges in any premises, or occupies or encamps on any land, being private property, without the consent and permission of the owner or legal occupier of such premises or land, and every person who encamps or lights a fire on or near any . . . F1 road or enclosed or cultivated land, or in or near any plantation, without the consent and permission of the owner or legal occupier of such road, land, or plantation shall be guilty of an offence punishable as herein-after provided.

The punishment is as follows:

Every person who commits any offence against the provisions of this Act may, if found in the act of committing the same by any officer of police or constable, be apprehended by such officer or constable, and detained in any prison, police station, lock-up, or other place of safe custody, and not later than in the course of the next lawful day after he shall have been so taken into custody shall be brought before a magistrate; and every person charged with the commission of any such offence may, if not so taken into custody, or if he shall have been liberated on bail or pledge, be summoned to appear before a magistrate [F1; and every person committing an offence against the provisions of this Act shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.]

This is debvatable as essentially video evidence of the same should suffice as long as it is reasonably evident that the crime has taken place.

Of note here is that fact that it is a CRIME and not a CIVIC matter in Scotland.

As such the hearing is prescribed as follows:

Every prosecution for an offence against the provisions of this Act shall be raised and proceeded in at the instance of the procurator fiscal, and shall be heard and determined by one or more magistrate or magistrates in a summary form; and every such prosecution shall be commenced within one month after the offence has been committed.

A recent example of the law being used is as follows:

Companies such as Scotcall who are debt collectors in Scotland are currently finding themselves in dispute of this law, as they are a doorstep collections company, and cannot use collectors with a criminal record. Therefore their current method of stating that an agent will visit after 7 days is not a suitable method of arranging an appointment and is in fact an intention to trespass.

I don't know of any specific letter template for Scottish Law, but someone else hopefully will

Best wishes,

Elsa x

[stabradop]

Thanks Elsa