Strangers can legally park on your drive

Countryboy, That is just a myth, there is a trespass law in Scotland (Trespass Scotland Act 1865) Trespass is a Civil Wrong, which is called Delict in Scottish Legal Terminology. I think the belief of no Trespass law in Scotland emanates from the 2003 Land Reform Scotland Act which is commonly known as the Right to Roam which gives rights of access to be on and cross most lands and inland water in Scotland in a responsible manner. However, these rights do not apply to Houses, Gardens, Fields with crops growing, Land next to Schools and used by the Schools, Sports and Playing Fields, Airfields, Railways, Military Bases, Construction sites, Quarries, Visitor Attractions and any other places that charge for entry. So in Great Britain cars parking in your drive would be trespassing therefore against the Law, but as it has always been it is a Civil Matter and so the Police would not become involved other than to advise you to take the matter to Civil Court, the Newspaper Article is just exaggerating the fact that Police would not be involved and so in theory anyone could come and park on your drive..........But they would still be breaking the Law.
 
id be throwing a clamp on with extortinate release charge if they parked on my drive, or possibly park right in front of them and leave the motor there.
 
If you leave your gate open and someone parks in your drive you then lock the gate once they are gone, would you then have to allow access to the driver when he/she comes back

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If you leave your gate open and someone parks in your drive you then lock the gate once they are gone, would you then have to allow access to the driver when he/she comes back

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Thats actually a fair point and unsure of the answer, i wonder if keeping them locked in is breaking a law where the home owner could fall the wrong side of the law.
 
Thats actually a fair point and unsure of the answer, i wonder if keeping them locked in is breaking a law where the home owner could fall the wrong side of the law.
Would that be classed as stealing then if you don't return the vehicle?.
 
Would that be classed as stealing then if you don't return the vehicle?.

i wouldnt think so has the first offence albeit a civil matter is tresspass. I think that locking a gate may be allowed but might be an idea to display a prominent notice of a release fee like private parking companys. I wonder if a locked gate may be classed has obstructing a highway though has im led to believe if you have a shared drive they class it has part of the highway has its used for public access such has postmen/milkmen etc. Its certainley a grey area but i wouldnt think twice about looking it in. Maybe after a period of time report it has an abandioned vehicle.
 
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