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How to word a ‘Removal of Implied Right Of Access’. Useful to inform those unwanted ‘visitors’ e.g. TV Enforcers, Debt Collectors and others.

TV License - Remove implied right of access

Under English Common Law there’s what’s called an ' Implied Right Of Access' to a property.


This right exists to protect genuine casual callers e.g. delivery people of any goods you may order, the mailman, the local milkman etc., against an accusation of Trespass.


However, this is not an absolute right, and although under normal circumstances this would be unusual, this right can quite easily be REMOVED, by way of a NOTICE.


So, in order to inform any would-be TV License Enforcer or other unwanted visitors, you should get them to notice your NOTICE. Better still, write to them as well,  informing them that you’re  REMOVING this RIGHT. If they continue to visit after you’ve notified them and they ignore your NOTICE, then they would be trespassing. This is a punishable offence at Law. However, in English Law the offence of trespass is notoriously difficult to enforce, and even if convicted the punishment would be, at best, risible.


Don’t give up though, for if the trespass continues, you should be able to apply to a COUNTY COURT, for an injunction to prevent the continued trespass and if successful in obtaining a court order and this is then broken by the ‘enforcers’, then the ‘enforcers' could end up in prison for contempt of court, which is a VERY serious offence.


You should be granted the injunction because the TVL authorities will have no evidence to justify their offence (trespass). You may not be awarded costs though and that’s, unfortunately, the chance you take. The entire process is fairly easy though and you can do-it-yourself without the need for any solicitor.

  

Should the TVL enforcers persist in hounding you, tell them that, they are TRESPASSING and that you will call the police, then close the door, make a cuppa and continue to watch your TV!


You should always follow up any ‘enforcement’ visit by complaining firstly to the TVL Authority, then the BBC themselves and finally if all else fails, report your concerns to the Ombudsman.


No one has the right to enter your home without a warrant. Always ask to see the warrant and make sure it’s a valid warrant.



PIN THIS TO YOUR DOOR, FENCE, WALL ETC ON YOUR PROPERTY DOWNLOAD THE WORD DOCUMENT HERE


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LAST UPDATED 29TH March 2014

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