Kids riding bikes on "private" estate

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Didsbury Dave

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Right next to my house is an expensive new build estate. The houses are for sale for around a million and most have been moved into. It has an electronic gate for vehicle access but the gates for public access are always open.

My boys (aged 9) have just learned to ride their bikes, and tonight took them onto this estate and rode them around. They came back upset because some geezer came out and told them to leave because it was 'private'. There are no signs restricting entry, or saying Private Road, but I understand that many of these new estates are left unadopted/private by the council from a maintenance point of view.

Whilst I'm not the sort to be wilfully awkward with neighbours, or to demand my rights just because I can, I can't help but feel this guy is being a bit of a dick. There isn't really anywhere else safe for my boys around here as beginners, and they are quiet and well behaved, just riding around a quiet estate quietly.

Does anyone know whether this guy actually has a right in his own to kick them off? I know trespass is a civil, not police, matter, so I suspect in reality there isn't much he could do. I'm anticipating some kind of scene if it happens again and I'd like to know what rights this guy has.

Thanks to anyone for any help. I appreciate this sounds like one of those one-sided stories you get on the internet but it really isn't.
 
Didsbury Dave said:
Right next to my house is an expensive new build estate. The houses are for sale for around a million and most have been moved into. It has an electronic gate for vehicle access but the gates for public access are always open.

My boys (aged 9) have just learned to ride their bikes, and tonight took them onto this estate and rode them around. They came back upset because some geezer came out and told them to leave because it was 'private'. There are no signs restricting entry, or saying Private Road, but I understand that many of these new estates are left unadopted/private by the council from a maintenance point of view.

Whilst I'm not the sort to be wilfully awkward with neighbours, or to demand my rights just because I can, I can't help but feel this guy is being a bit of a dick. There isn't really anywhere else safe for my boys around here as beginners, and they are quiet and well behaved, just riding around a quiet estate quietly.

Does anyone know whether this guy actually has a right in his own to kick them off? I know trespass is a civil, not police, matter, so I suspect in reality there isn't much he could do. I'm anticipating some kind of scene if it happens again and I'd like to know what rights this guy has.

Thanks to anyone for any help. I appreciate this sounds like one of those one-sided stories you get on the internet but it really isn't.
Click to expand...


If it's a private estate they shouldn't be there end of. If it isn't tell him to sod off.
 
Gaudion M said:
If it is gated then I guess they can consider it private, however it's complicated.
Click to expand...
Public access isn't restricted and there are no signs saying anything, so I don't think vehicle gates automatically mean nobody can enter.

If I have a "discussion" with him about it my angle would be along the ethical lines, i.e. What harm are they doing? Rather than your classic English "I know my rights" fast track to the moral high ground. I'd just like to know my rights if he starts shoving the law up my arse.

I suspect that as you say, it's complicated.
 
Is it a through road or a dead end? even if it's gated if it can be classed as a highway crossing from one place to another right of way may still be there.

Even unadopted roads can have right of way.
 
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