Is This Trespass?

[Bigbad]

A few days ago I phoned and paid for a delivery of domestic heating oil.
The company were supposed to text me the day before delivery, so that I could unbolt one of the side gates.
I didn’t get a text, but today I got the delivery.

I have two side gates with bolts at the top and the bottom, and 2 electric gates leading on to the property from the road. All gates are tall and solid wood and you cannot see into the back of the property from the road.
The top bolt on one gate has been opened, obviously by someone reaching over the top, but wouldn’t open because of the unreachable bottom bolt.

I have absolutely no idea how he got himself (and his hose) onto my property, but this has rather spooked me knowing that there was someone in my garden whilst I was indoors, and I didn’t know that he was there, nor how he got there. (I’m very rural with only one near neighbour, but not near enough to bother about).

I intend phoning the company in the morning, and really, all I want is to make them understand how wrong I think this is, but if I could mention any legal reasons why it shouldn’t have happened, then they may take me seriously.

Thanks.

[rockyroad]

You paid for a service, they provided the service,they forgot to Text you. It happens regularly to me as we have an alleyway behind our house and we are the last on the Terrace. I've had window cleaners climb over my locked gate and the oil man. Its not trespass because by paying them for a service you have allowed them access to your property -don't quote me I may be wrong lol!

[EDDIE51]

It not trespass as the driver was just delivering an order to the address he was given. The driver was only doing his job you can hardly complain about that, the text may have gone wrong it often happens to me. My phone sometimes does not deliver a text for over a day.

[Peter Pedant]

I think you got the service you paid for

the alternative is that the delivery man takes his oil home
when extra extra cold weather is predicted later this week

and if a little old lady ( not you ) froze or was confined to one room on a cold cold day with only her cat and a candle to warm her .... etc etc
i would be much more ready to criticize

[EDDIE51]

It is no more trespass that it would be if the postman comes up to your door to deliver a letter. The driver is just carrying out his instructions.

[rockyroad]

I once forgot to open the back gate for the oil man and bless him he climbed over a dry stone wall to get to my tank. I was so grateful as it was running on fumes and they only come into our area every six weeks!

[Hopkirk]

He probably carries a ladder for such eventualities.

[Peter Pedant]

well it is the law section - so here is the law on it
implied licence to enter a property - - here

http://www.inbrief.co.uk/property-law/proprietary-licences/

yeah yeah I understand what youre gonna say it is a conditional licence - conditional on a text being received....
honestly I think it is a non starter

[EDDIE51]

^^ I would be grateful they delivered your oil rather than just going away again. I just can't see a problem having the delivery driver in your garden delivering an order you have made!

[Bigbad]

But if a postman delivers a letter, he just walks up to the front door, he doesn’t attempt to get on to or in to a property with no accessible way in.

I accept what you are all saying though, despite the fact I think it’s wrong.

And Peter Pedant a few years back, I did have a (different) company take the oil back when I wasn’t at home. (Ooohhh, it was awful with just a cat and a candle)!!

[Hopkirk]

Do you have a door bell?

I do think he should have tried to get his company to ring you if he couldn't get an answer.

[Buenchico]

Trespass is only a civil matter anyway. It's not a criminal offence. (There are certain exceptions, such as trespassing on the railways or on school property but they're not relevant here). If someone enters your land without your permission, all you can do is to require them to leave and to sue them for any loss or damage they might have caused.

So, for example, as long as they don't force an entry or seek to steal anything (or otherwise commit a crime), anyone can enter your garden or your house at any time; it's entirely legal. (See here if you don't believe me: http://www.eadt.co.uk/news/stowmarket_couple_find_drunk_man_asleep_on_the_floor_of_their_nursery_next_to_baby_daughter_but_police_could_not_arrest_him_because_he_had_not_committed_a_criminal_offence_1_3479808 )

[cassa333]

I think you are more concerned with the driver hopping over the fence while you were in and not knowing about it!!

If that is the case then you need to get some sort of alarm on one or more of the gates.

[zebo]

On a lighter note, we had a couple of tons of logs on order and I told himself to move the car before they came, I was going out. He didn't move the car and the driver simply dumped the logs on the drive, it was a back breaking day and a half before he could move his car, served him right too.

[poorclare]

It IS trespass and completely different to a postman delivering mail in your letterbox. I would find that very distressing.

[Bigbad]

As I said, I’m very rural, and I like it that way, it’s just finding out someone was in the garden when I didn’t know, and got there by bypassing 3 locked gates made me feel a bit uneasy.

[woofgang]

I had a similar issue with a window cleaner years ago. I had to sack him in the end because he would not let me know when he was coming and used to climb over the back gate. This was many years ago when i used to leave my dogs with access to the back garden when I was at work and I was very concerned for my dogs’ safety. I was glad that I sacked him as couple of weeks later, he did the same hop over the gate thing at a neighbour’s and fell off the fence. He broke a leg and a couple of ribs and was there for some hours before the neighbour came home and found him. Bigbad is there another oil supplier you can use, because if not, I fear there isn’t much you can do.

[EDDIE51]

If it worries you that much then put a notice on the gate with your phone no and saying ' Oil delivery please call ####### for access'

[Peter Pedant]

no poor clare
read the URL and you will find it EXACTLY like a licence to enter - because it is - you are of course entitled to your opinion

the difference is that is a contractual licence ( he paid for a service and so there is a contract and entry to the property is necessary to carry out the contract ) so biggella should suck his belly button in and put it down to experience

[ I assume that BigBoy doesnt have two dogs named Brinks and Mat and a criminal record in which case we should congratulate the delivery man instead on emergin from the property alive ! )

[Peter Pedant]

// I had to sack him in the end because he would not let me know when he was coming and used to climb over the back gate.//

o god I sacked my window cleaner because he WOULDN'T climb over the back gate and clean the windows

didnt stop him charging me for front and back AND he always seemed to find me "in" when there was money to be had

[poorclare]

What if a person is out and burglars are in the area and see the idiot getting over your gate ' ah there is an easy target ' believe me if you live on your own it is very distressing.