Legal issues concerning accessing chattels on another's land

[Julian Lineton]

I am hopping to get clarification on what laws would apply in the following situation.

A company or one of their agents goes on to your property and leaves equipment there after you eject them. Their chattel is on your property. Do they have a right to again enter your property (without your permission) and retrieve it? My understanding is that they do not. You must not interfere with it, but, there essentially exists a stalemate. I base my view on my GCSE Law taken >20years ago. The example there which illustrated this was of a neighbor's child ball being kicked into your garden. It was taught then that the neighbor has no right to retrieve the ball. You can of course grant that right, or return the ball yourself, but, without that the ball stays there. You should not move the ball. However, in several reality TV programs which follow police officers recently (in England) the police have insisted that property is returned and this seems to me to be outside the law.

Interested to hear responses

JRL

[des8]

I think (haven't checked, like you remembering ancient lessons) that you do not have to return the equipment, nor give them permission to retrieve it UNLESS they obtain a court order (but they might obtain an adverse costs order to pay for the court order)

If you first invited them in, and then ejected them, but without good reason did not allow them time to remove their equipment, you might find yourself paying any loss this occasioned them.

Nothing is simple or straightforward.