Is your garden private?

[Guest]

A PCSO came to my house this morning in response to a neighbour dispute. My property is freehold, garden and house owned by me. The PCSO said that my back garden is private but the front garden is not private and I cannot stop anyone coming into my front garden. He quoted the law which gives access to police, delivery people, gas, water etc and applied it to neighbours kids - ie telling me that I cannot stop neighbours kids or anyone else coming into my front garden because it is not private property.

Is this true? Can someone clarify please.

Thank you

[Celestine]

Ermm that doesn't sound right, I'm sure Des will know the exact details.

Sounds like PCSO is referring to the implied access granted to postman, deliveries etc, but this certainly does not cover things like children playing in your garden etc?

Sounds like he was trying to 'not get involved' to me.

[des8]

As Celestine there is a common law implied right of access to allow people approach the house.

This right can be withdrawn
1) verbally, telling the visitor to leave
2) by notice on the gate
3) by prior notice.

Once withdrawn any person entering (or in case of 1) not leaving) becomes a trespasser and could be sued.
However if no damage has been done there will be no (or very little) award.


So you do have a right to stop children entering your front garden, but how you would enforce it is a different matter.
Is your front garden "open plan"?..... gorse or pyracantha hedging?

[Guest]

Yes, "implied access"- he said it covers children as well as the aforementioned.

[Guest]

As Celestine there is a common law implied right of access to allow people approach the house.

Is your front garden "open plan"?..... gorse or pyracantha hedging?

My front garden is separated from the pavement by an approximately 5ft 6in high wall, a similar height double gate for car access and a similar height single gate for foot access.

Ironically there have been no children in my garden. I suspect the PCSO was trying to divert attention from my complaint about the foul language and anti social conduct of a mother who came to my door after I complained about children throwing balls at cars parked in the road outside.

Thank you for the info

[Celestine]

Ahhh so the PCSO was trying to suggest she had every right to charge up to your door and act abusively?! Hmm yes, he/she was definitely trying to finish their shift on time I think.
As you can imagine, even if you withdrew her right to repeat her unpleasant visit, it is unlikely she would take any notice and the police will view trespass as very much a civil matter.

[Guest]

Ahhh so the PCSO was trying to suggest she had every right to charge up to your door and act abusively?! Hmm yes, he/she was definitely trying to finish their shift on time I think.
As you can imagine, even if you withdrew her right to repeat her unpleasant visit, it is unlikely she would take any notice and the police will view trespass as very much a civil matter.

He did say that they would come out if she did it again. Apparently if she had behaved that way in the street, such behaviour would have been treated as criminal, but he expressed reluctance to go down that route given that she was on private property. Plods...don't you love 'em....not.

I shan't hold my breath!