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trespassing


fran1953
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Is there such a thing in French law as trespass?

My husband recently visited our cottage in Brittany and on arrival, found another car parked on our front garden, with directions of how to get to the charity coffee morning being held around the corner, by another English couple. When he went round to ask them to move, my husband was told that he should have let them know he was coming and they wouldn't have put the car there. He had no apology from the person who owned the car. Given that the fundraising happens monthly, then it can only be assumed that this is not the first time our frontage has been used without permission, and judging by the person's attitude it is unlikely to be the last.

Fortunately we do have friends living close by, who will be driving past on future coffee mornings to monitor the use of our frontage. BUT apart from going to the expense of putting up gates, what are the trespass laws on this sort of annoying behaviour?

We do not want to discourage any charity fundraising, but do feel that this is clearly taking advantage.

 

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I hope he made it clear that they had no permission. Maybe buy one of those plastic or metal even chains and stretch it across your drive. Then put a plaque on it, propriete prive, access interdit or stationment interdit or all three, all these are available at brico shops, not just you that has such problems.

 

Things like this really get up my nose.

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The same thing happened to us.

In the days when our French house was simply a holiday home we arrived hot and tired in mid-july with three children in tow (well, in 2cv as it happens - yes really) only to find that we couldn't get onto our (very short, one car) drive because there was an even older banger there.

After knocking on a few doors to enquire who it belonged to we eventually found out it was one of our neighbours.

He was not the slightest bit embarrassed.

It happened again after that and he even had the cheek to suggest that he was doing us a favour since the house would look occupied.

We took Wooly's view and smiled sweetly thereby confirming that we were the soft touch anglais.

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We lived on a lotissment privé, and certainly not posh and the Mairie signed off on shoddy work when it was built. In consequence we, the owners, all five houses, paid to have it re tarmac'd and paid for the street lighting. We all owned the general areas and did we want it as a petanque course, or dog walk or car park for all and sundry. No, not one of us did and everyone was sent packing who dared to venture on our estate, as they should have been.

I really cannot be doing with being used by anyone, and I'd have been livid if I had returned home and found a strange car on our drive. I'd have been onto the fourrieres immediately and tell them to take it.

I prefer for people not to think I am a soft touch, even though I am sometimes, but not with things like this.

 

For the OP, you are obviously annoyed? upset? I'd send these people a lettre recommandé in french and english telling that they have no permission to park on your land and that you'll call the fourrieres if it happens again. They obviously don't give a damn about you or your property, if they had a milligram of decency they would have apologised, rather than blaming you. And that is the crux of this, when someone in the wrongdoes not feel the need to  apologise, then they need telling.

 

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That is right, but it still doesn't mean that you can do as you please with parking or go where you want either.

Mitterand used to fly into a place that we'd pass on the way to visit friends, believe me, no one could have got any where near that place, even if trespass isn't against the law.

 

 

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If I have a field with an opening and no gate and someone wanders in I can insist on them leaving my property.

If I firmly tie a length of binder twine across the opening and someone steps over the twine, I can call the gendarmes.

But there is no trespass.

Moral! if you cant be bothered to protect your own property, the state will not do it for you.

 

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Fortunately we do have friends living close by, who will be driving past on future coffee mornings to monitor the use of our frontage. BUT apart from going to the expense of putting up gates, what are the trespass laws on this sort of annoying behaviour?

We do not want to discourage any charity fundraising, but do feel that this is clearly taking advantage.

" GET OFF MY LAND "
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[quote user="Théière"]

Isn't trespass a flimsey law in the UK too?

I seem to remeber un welcome guests in the grounds of Buck House used to get nicked for other acts not for trespass.

[/quote]Trepass is not a criminal offence in England and Wales. It is a civil offence. The sign "Trespassers will be prosecuted" is unsound in law and should read "Trespassers will be sued". There is no law of trespass in Scotland.
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[quote user="Frederick"]Fortunately we do have friends living close by, who will be driving past on future coffee mornings to monitor the use of our frontage. BUT apart from going to the expense of putting up gates, what are the trespass laws on this sort of annoying behaviour? We do not want to discourage any charity fundraising, but do feel that this is clearly taking advantage. " GET OFF MY LAND "[/quote]

Are these coffee mornings in aid of any sort of charity ? Perhaps you could write politely to the organisation and say that while you are not in residence, on condition they make a donation to X (a charity of your choice, via you) they should feel free to continue, however you expect them to take reasonable care and to make other arrangements while you are there.

It doesn't really do you any harm and this could have gone on for many years without you knowing because it seems that none of your friends have either seen it or mentioned it so far......

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My limited experience is perhaps of value because it is of the Picards who when given an inch will take a mile .

Any land not enclosed and prominently signposted as proprieté privé will be seen as fair game, any lawn parking space or access will be used even if it prevents the owner from getting in and out.

The erection of a simple chain and stationnement interdit sign works wonders, I was cynical as up to 6 vehicles had been using my land every day for parking whilst they worked in the factory opposite for over a decade but it stopped instantly when I put up the chain.

Not wanting to keep using the chain every time i came and went I instead block paved the area so it is now obviously a private parking area and put up signs across all the frontage, this generally works well except when a Frenchmans stomach tells him its time to stop and eat as there is a brasserie a couple of doors down, between noon and é O clock I frequently have to eject vehicles whose owners are very disgruntled and all use the same excuse "its only for an hour (more like 2 pal!) while we eat" to a man they cannot understand that I will not accept this to them perfect excuse. I wheelclamp those who actually park on my land. People living beside Tabacs have a much worse time of it than I do.

The Gendarmes also think nothing of parking on my land to hide themselves while they speed trap.

Frederick I think that you must realise from the responses so far that there is no point once again asking what  are the trespass laws on this type of behaviour, they dont exist.

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RH - the poster said in their first posting that these are coffee mornings in aid of a charity.

I'd think that the cheapest solution would be a padlocked chain with a 'privee' or similar sign. The only trouble with that is that the permanent UK residents who organise or attend these events may feel a bit miffed - I suppose that only matters if you want to socialise with them/care what they think.  

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Frederick I think that you must realise from the responses so far that there is no point once again asking what are the trespass laws on this type of behaviour, they dont exist.

I am not asking ! I repeated the OP.. ( Quotes dont seem to work on this site at the moment )

My comment was the usual British cry one hears in similar circumstances in the UK .

As far as I am concerned if it was my place and I was not there I would not give a hoot.. as long as I could park my car to unload stuff on arrival ..Live and let live .. why make waves ?
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[quote user="Rabbie"][quote user="Théière"]

Isn't trespass a flimsey law in the UK too?

I seem to remeber un welcome guests in the grounds of Buck House used to get nicked for other acts not for trespass.

[/quote]Trepass is not a criminal offence in England and Wales. It is a civil offence. The sign "Trespassers will be prosecuted" is unsound in law and should read "Trespassers will be sued". There is no law of trespass in Scotland.[/quote]

Trespass can be a criminal offence in England & Wales. It all depends on circumstances.

In Scotland, certain types of trespass have been criminal since the Trespass (Scotland) Act 1865.

Ironically, if the trespasser trips over an unseen plant pot and injures themself, the property owner could be liable! Where an injury has occurred as a result of neglect, the fact that the intruder was uninvited is not always relevant. 

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I'm wondering what this fund raising is too. I have never know it other than via an association and didn't think that it could be done, other than at a very private level otherwise, ie amoungst friends, rather than advertising an event for the public.

The assoc I helped with had insurance for events and in case any was poisoned at such events.

 

So who is running it, it should say on the panneau on the parked car.

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