TrigpointingUK

Excuse my ignorance but is there any public access rights for getting to Trig Points on private land?
Notwithstanding those that may be in the middle of a crop
thanks
bishbosh

Up here in Scotland you have right of access anywhere you want to go (within reason and with a few specific exceptions - & even so trampling a crop would be a spectacularly bad idea.)

When trigging down in England if a trig is by the road or a right of way Im happy to wander over to it, in the middle of private land then the nearest public vantage point is good enough for me.

bishbosh wrote:Excuse my ignorance but is there any public access rights for getting to Trig Points on private land?
Notwithstanding those that may be in the middle of a crop
thanks
bishbosh

The OS presumably still have right of access (but would I think always ask permission). For the rest of us, in no particular order, the rules include
- cause no damage
- practice invisibility
- ask permission

If they are in someone's garden or on private property NO you do NOT have right or way the only people that do are the OS and that is with written notice

(Disclaimer - I am not a lawyer. If you want reliable legal advice, ask a lawyer! )

As maxkatie alludes to, the Ordnance Survey Act 1841 empowers the OS to enter any land, but only after giving written notice. For ordinary mortals, the situation is actually less clear cut than maxkatie's capital letters might wish.

Firstly, as has already been pointed out, in Scotland the right of the public to enter privately owned land against the landowner's will is enshrined in law. Such access must be transient, and there must be no "breach of the peace", but in the context of bagging trigpoints, then yes, you have full right of access.

In England and Wales, trespass to land is illegal. It's not a criminal offence so, despite the signs, trespassers cannot be prosecuted, nor even arrested by an attending police officer. However, if they cause physical damage they can later be sued for the diminution in value of the land (watch out for those crops!). If a trespasser refuses to leave when asked, the landowner can use reasonable force to eject them.

As far as I'm aware, a trespasser cannot be persued for the act of trespass itself. So, yes, the 24/7 CCTV monitoring of the historic survey station on maxkatie's property (sadly no longer containing the original pillar) would certainly be useful for proving, or disproving, any acts of physical damage. (And if there is indeed any evidence that it is T:UK users who are responsible for breaking her children's toys, then the server logs might be subpoened in any resultant court action). However, members of the public have nothing to fear from being caught trespassing on camera, per se.

Finally please note that, in addition to any statutory obligations that may apply, the Terms of Use of the TrigpointingUK website explicitly require all users to seek permission before entering private land.

Finally please note that, in addition to any statutory obligations that may apply, the Terms of Use of the TrigpointingUK website explicitly require all users to seek permission before entering private land.

I trust that this does not apply to us in the free half of the island (other than gardens etc.) Otherwise you are going to have to weed a few of us out.

(This is actually a test post, as I have been frozen off the forum. Looks fine, thank you for your efforts.)