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WHAT IS THE LAW IN SCOTLAND ON ENTERING A PROPERTY WITH ONLY

 
Brevitatis Causa's Avatar
  • Answered by:Brevitatis Causa
  • Solicitor
  • Positive Feedback: 100.0 %
  • Accepted Answers: 329
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in Scots Law

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Many Thanks Brevi.
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Customer Question

WHAT IS THE LAW IN SCOTLAND ON ENTERING A PROPERTY WITH ONLY A MINOR PRESENT
IE I AM A HEATING ENGINEER WHO NEEDED ACCESS TO REPAIR A BOILER AND A MINOR ALLOWED ME ACCESS.

 

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Province/Country relating to question : SCOTLAND

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Submitted: 545 days and 12 hours ago.
Category: Scots Law
Value: £36
Status: CLOSED

Accepted Answer

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Expert:  Brevitatis Causa replied545 days and 7 hours ago.

Hello thank you for your question. An occupier of the house allowed you to enter the property. However the occupier who did so was under the age of 16. Although you were authorised by the child to enter the property, the child is unable legally to give authorisation on behalf of the parents or guardians. If no legal authorisation has been given then entering the property would be a temporary intrusion into another's property without consent which is a trespass but this is not by itself a crime in Scotland. There is also no civil liability for trespass where no damage has been caused. I hope that helps. Please press ACCEPT so I am credited for my time. Best wishes, Brevi.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 100.0 %
Accepts: 329
Answered: 11/19/2011

Experience: LL.B (Hons) DLP

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Customer replied545 days and 5 hours ago.

thankyou in my case the minor asked his mother by phone if it was okay to let me in she authorised it now she says i should not have gone in my boss is trying to say it comes under the child protection act i think hes got it totaly wrong

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Expert:  Brevitatis Causa replied545 days and 5 hours ago.

Hello again, if the mother authorised the access to the property then it seems a bit odd for her to now say you shouldn't have gone in. The law frowns on inconsistent behaviour like this by the mother. There is no Act called the "Child Protection Act". I hope that helps. Best wishes, Brevi.

 
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