Trespassers in my yard.... what to do?

[Pastiche]

I would install one of these:

[worth]

Originally Posted by Nage Waza

If I caught someone on my property I would break their legs. Honestly. They have no right on your property and you have a right to defend your property. I would give them a chance to leave first.

You do not have the right to defend your property in Canada by breaking someones legs. You will end up in jail for this. You do not have a right to defend your property. You have a right to defend yourself with reasonable/equal force. You do not have a right to defend property.

[Boblobla]

Originally Posted by worth

You do not have the right to defend your property in Canada by breaking someones legs. You will end up in jail for this. You do not have a right to defend your property. You have a right to defend yourself with reasonable/equal force. You do not have a right to defend property.

[burn_this_city]

What about putting a plastic kiddie pool full of water where they land.

[worth]

Originally Posted by Boblobla

I know. But I am a 100% supporter of the Clint Eastwood way. Unfortunate the government isn't.

Thought i'd post that though before the dude starts breaking legs and thinks it's going to be ok for him because it was on his property.

[fredr123]

Originally Posted by worth

You do not have the right to defend your property in Canada by breaking someones legs. You will end up in jail for this. You do not have a right to defend your property. You have a right to defend yourself with reasonable/equal force. You do not have a right to defend property.

Not exactly true. http://www.canlii.org/en/ca/laws/sta...85-c-c-46.html

Defence of Property

Defence of personal property

38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified
(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.

Assault by trespasser

(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 38.

Defence with claim of right

39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

Defence without claim of right

(2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.
R.S., c. C-34, s. 39.

Defence of dwelling

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.
R.S., c. C-34, s. 40.

Defence of house or real property

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

Assault by trespasser

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 41.

Assertion of right to house or real property

42. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

Assault in case of lawful entry

(2) Where a person
(a) not having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.

Trespasser provoking assault

(3) Where a person
(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be provoked by the person who is entering.

[worth]

Thank you. So you do have the ability to defend property within reason.

This is interesting:

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.
R.S., c. C-34, s. 40.

Defence of house or real property

I guess the catch is to define "necessary" though.

[mykalberta]

You can purchase these anti bird spikes from home depot.

Put them in the rock bed, when they land on them after jumping the fence they will get quite the surprise.

Or, go to the dollar store, buy a pump action toy shotgun and one night stay up late. When you see them jumping run towards them with your toy gun shouting slurs and cuss words and see if they shat their pants.

In other words, its time to beef up the ole home security.



Also, if they get injured its their own damn fault. Adolescent brats like that should have been spanked as a child, they were never properly discilplined and as such act like complete kanye's (jacka$$es)

[icarus]

Originally Posted by worth

Thank you. So you do have the ability to defend property within reason.

But you already know this, as you wrote:

You have a right to defend yourself with reasonable/equal force.

Or did you do a quick edit?

[worth]

no, i didn't edit.

I was referring to defending yourself not your property. I knew you had the right to defend yourself if someone is attacking you, however, if someone is stealing your property, I didn't think there were any real rights that went along with that.

[HPLovecraft]

Samuari swords = too much force?

Long swords = just right?

[millhouse11]

shotgun shell filled with rock salt should do the trick.

[Reaper]

Originally Posted by burn_this_city

What about putting a plastic kiddie pool full of water where they land.

A better idea would be to do the same thing but make the pool full of piss.

[missdpuck]

Originally Posted by Reaper

A better idea would be to do the same thing but make the pool full of piss.

Yeah great excuse for a lot of beer drinking followed by a neighborhood pissing contest.

[CaptainCrunch]

Originally Posted by Reaper

A better idea would be to do the same thing but make the pool full of piss.

Or Acid.

[GreenTeaFrapp]

Originally Posted by CaptainCrunch

Or Acid.

It would have to be a pretty mild acid not to eat through the pool.

But bleach would be fun. Especially if they're wearing expensive clothes for the clubs.

[HPLovecraft]

Wet concrete?

[trubuilt]

you could grab a few sheets of plywood and screw, nail it 8-0 high so it is hard to climb over you are not really allowed to build a fence over 6-6 but by the time the city makes you take it down they would have found a new way around

[algernon]

I'd put up some cheap, rickety lattice protruding two feet or so,above the top of the fence. it could easily be removed by you later and would make the fence quite difficult to scale successfully, drunk or not. Bonus: if they still try to climb, it should make quite a bit of crackling noise as it snaps, giving you time to put on the black pajammies, and defend property with the previously mentioned ninja sword.*




*Owning swords is akin to wearing Wolf Shirts,Flags-in-the-window-for-curtains,semi tinted gold framed coke bottle glasses, Mullets and Jogging pants in public...so it'd be best to rent the sword.