So you think your home is your castle? That may have been true a long time ago but the reality of modern life is that increasing numbers of public officials now have rights to enter on to private property. It is true that public officials cannot enter a property unless the laws allow it but more and more laws seem to be allowing more and more public officials to enter private property as every year goes by.
In the 1950’s there were only about 10 laws that permitted officials to go on to private property. In the 1990’s the number of laws had increased to about 60. And now? Now there are approaching 300 different laws that may allow public officials to enter your home. These include the obvious (Police, Fire Service and Local Authority) but also a range of the weird and wonderful.
Whilst it is correct that the Police, for example, will often need a Warrant from the Magistrates before entering property, there are still many occasions when they can do so without a Warrant – for example if you were suspected of driving over the limit the Police may come on to your land and arrest you. Even if a Warrant has been obtained, you will not know about it (you will certainly not be told about it in advance of the application) until the relevant official arrives on your doorstep and demands the right to enter.
Officials can enter your home if they believe you have been watching television without a licence or using a hosepipe when banned. They can even check your fireplace in a smoke control area. If you see a man with a theodolite in your garden be careful! He may from the Ordinance Survey Map Department and he has the right to come on to your land if he chooses to. What’s more you will be liable to a fine of £200 if you obstruct him!
Do you keep bees or chickens? If you are a bee keeper then you should be aware that officials can come in to your garden and check for the presence of infection or of foreign bees – although how you tell a foreign bee from a domestic bee is difficult to work out. Perhaps different bees from different Countries use different buzz words.
If you keep chickens, be careful! An Inspector may enter your premises without Warrant if they have reason to believe you have poultry on your land so as to examine them. If you obstruct him – by refusing to let him on to your land – you can be fined £5000 or sent to prison for a month. And if you live in a house overlooking the sea be careful not to be seen flashing a light from your upstairs window. It could be taken as a signal from you to smugglers and that allows customs officers to enter your house. On top of all of this Local Authorities have the right to enter your property to do such things as check the height of your hedge and to measure noise levels. The weights and measures man can demand entry to check for evidence of unqualified persons acting as Solicitors!
So if you still think your house is your castle try pulling the portcullis down and you will find it wedged open by the various machinations of the Houses of Parliament which, ironically, proudly boasts on its Coat of Arms – a portcullis!
Roger Morris |
