Annual Trespas · AditNow Community

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saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

Can anyone tell me what this means. It appears on a cost list for a quarry for 1867 and is paid to a landowner
Many thanks
Sara Eade

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AR
50.2% (Neutral)
Newbie

16 years ago

Most likely, it's a payment for getting access to and from the quarry over that landowner's property. By describing it as a trespass, there can be no later suggestion that a right of way has been created by passage over the land as the quarry owners are in effect acknowledging that their employees are trespassing, and paying an anuual sum to avoid court action!

Quite a few mines and caves require a payment to the landowner to visit, and this payment is usually referred to as a trespass fee.

Follow the horses, Johnny my laddie, follow the horses canny lad-oh!

saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

If that is the case then how would that be different to a way leave?

AR
50.2% (Neutral)
Newbie

16 years ago

No idea - you'd have to ask a lawyer that one!

Follow the horses, Johnny my laddie, follow the horses canny lad-oh!

saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

OK Many thanks for that

spitfire
50.2% (Neutral)
Newbie

16 years ago

I think with a way leave access is allowed at all times. With annual trespass the land owner has to block access for twenty four hours each year usually Xmas day or some other holiday

spitfire

saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

Ok thanks for that what about a Take Note, would that not cover access over land?

ICLOK
50.2% (Neutral)
Newbie

16 years ago

Do we have a "I'm gonna leave... so there", law, just interested.... 😉

Aaaaaaaaaaaaaaaaaaagh Creeper!!!!!

spitfire
50.2% (Neutral)
Newbie

16 years ago

Never heard of that one

spitfire

saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

#10

I was being serious! I am writing a research project up and want to get it right! Don't like looking silly in print

ICLOK
50.2% (Neutral)
Newbie

16 years ago

#11

Excuse flippancy... we would never give you a bum steer... we like a laugh on here to.... so get your salt pinch ready, given my recent trespass etc excursions I will look at this with my ... errrr advisor/legal fiend... sorry friend... he loves this stuff 🙂 ...

PS he a lawyer.... 😉

Aaaaaaaaaaaaaaaaaaagh Creeper!!!!!

ICLOK
50.2% (Neutral)
Newbie

16 years ago

#12

I got the following answer off my friend on his way to work.... By all account this can be an annual payment granting access under various terms and conditions and as Spitfire rightly says can vary depending on how the terms where negotiated but I am told the yearly barring of access is the norm to retain the rights with the landowner... the Way leave allows negotiated access at all times thru an agreement, however these agreements can be withdrawn by the landowner... there have been a number of issues tho where people have tried to withdraw the right of access to be told they can't... a very legalistic area this ...

Aaaaaaaaaaaaaaaaaaagh Creeper!!!!!

AR
50.2% (Neutral)
Newbie

16 years ago

#13

"saraeade" wrote:
Ok thanks for that what about a Take Note, would that not cover access over land?

A take note as I understand it is an agreement with the owner of the mineral rights to work them, but it would only cover access if the owner of the mineral rights also owns the land that the miner would need to cross to get to the mineral deposit. If there is someone else's land which has to be crossed,or the mineral rights have been separated from the general land ownership, then the issue of trespass or wayleave payments crops up.

However, you do sometimes find that customary mining law grants a right of access for a miner - that's certainly the case here in Derbyshire in the areas covered by the 1851 and 1852 acts where anyone working a lead-bearing vein has a right of access from the mine to the nearest highway and can get the barmote court to enforce this right - this happened as recently as the late 1940s!

Follow the horses, Johnny my laddie, follow the horses canny lad-oh!

saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

#14

Many thanks for that I think I have enough to write up a simple explanation. I managed to get a copy of a Takenote today at Dolgellau Record Office as some were available preprinted as this one was.
So many terms to decipher still......

saraeade
50.2% (Neutral)
Newbie Topic Starter

16 years ago

#15

Many thanks for that. It's at times like this I wished I'd learnt more about this earlier and I wouldn't be struggling to understand it all now!

stuey
50.2% (Neutral)
Newbie

16 years ago

#16

Trespass Fee?

That's what I paid bogey knights for a pair of camo overalls!

Manxman
50.2% (Neutral)
Newbie

16 years ago

#17

That wouldn't by any chance be the same bogey knights down by the Tamar in Plymouth, where you used to be able to buy ex-Royal Navy spare parts for submarines? And it was rumoured, torpedoes ...........

stuey
50.2% (Neutral)
Newbie

16 years ago

#18

Bogey Knights is possibly the best shop in the world.

Everything from camo green outboard motors, to banned toxic antifouling, to parade uniforms, to miners lamps, gigantic tooling and meters. It used to be twice as good before it burnt down a few years ago. It's gradually getting back to that "great stuff cave" that it used to be.

What were those massive tilley lamps called again?

:offtopic: Sorry folks.

There are a couple of torpedos in there, I think.

Manxman
50.2% (Neutral)
Newbie

16 years ago

#19

Ah yes, I remember it well! We also knew it as "Boogie Nights", great place. Used to wander down there at lunchtime for a firtle around. Managed to furnish most of my house with ex-mess room furniture from there.

Off topic - end of. :thumbsup: