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trespassing laws

Discussion forum for expats moving to or living in Portugal.
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trespassing laws

Post Posted: Fri Oct 01, 2010 11:50 pm

I've been told there is no law against trespass in Portugal; does anyone know if this is true?

For instance, a road passes through the edge of our property that provides access to a few properties behind. Obviously, the owners or residents of those properties have the right to pass over our property on this easement to reach theirs.
And their guests, deliveries, meter readers, and anyone else who needs to get to those properties.

What about if someone just wants to walk along the track for no reason at all though?

What about walking right through the middle of our land? can anyone [legally] do that?
With a donkey, horse, dog, motor vehicle?
No one does that [well, my neighbor took his tractor through once], I'm just curious.

What about if I have a fence with a closed gate [which I do]? could anyone just open it [or climb over it], and walk on through?

I'm just wondering what the limits are, if any.

 

liveaboard
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Re: trespassing laws

Post Posted: Sat Oct 02, 2010 9:06 am

I have noticed that when a Portuguese rings the bell by our gate they never enter the property, they wait until we go to the gate to invite them onto our property. The same happened when the GNR visited another property near us, they were investigating a complaint re dogs barking but still waited for the owners to answer the door.

Whereas us Brits tend to ring the bell and enter.

John B-P


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BERGY
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Re: trespassing laws

Post Posted: Sat Oct 02, 2010 10:49 am

We too have a right-of-way across the back of our property for other homes and it is stated that it is for the benefit of people on foot or donkeys but obviously in this day and age it's vehicles and tractors.

We do not have a bell at our gate but have found that Portuguese tend to toot the horn or shout to attract your attention but as Bergy says do not enter without on invitation.

As to whether there is a law or not regarding trespass, I cannot answer that.


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Victoria1st
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Re: trespassing laws

Post Posted: Sat Oct 02, 2010 8:04 pm

We had a bit or trouble a little while ago and we went to the conservatoria to find out if any one has right of access over our land.
They can tell you who has rights ie if you had a well and a neighbour had the right to use it.
Its worth checking for peace of mind as people can establish right by continued use which is what we thought might have happened on our land.
There are some automatic rights ie river banks so is worth a check.

 

Icklepickle
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Re: trespassing laws

Post Posted: Sat Oct 02, 2010 9:10 pm

I am assuming anyone can use the road that passes over one edge of our property; the camara even maintains it, more or less.
In reality, no one has been crossing or entering the rest of the property uninvited; well, almost no one. There's a nutty old German who tries to get in the gate...
I was more curious about the law, since when you think about it there has to be some limits.

Also, there's a nutty old German who runs out and verbally assaults and threatens people who walk along the road past his place [like my place, technically he owns the land under the road].

 

liveaboard
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Re: trespassing laws

Post Posted: Sat Oct 02, 2010 10:47 pm

Except for very special cases as servitures, river banks, hunting allowances etc, noboby may enter your property and if they do you can call the police. If the property is not fenced, I believe (anybody corrects me if I am wrong) people can trespass but still can not get anything (wood etc).

In special cases the authoriries may enter your property without your consent such as with a judge order, environmental crime (you planting forbiden invasive species in your land) and as recently to clean your land if it is s fire hazard, for which you may be charged latter


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paramonte
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Re: trespassing laws

Post Posted: Sun Oct 03, 2010 7:50 am

My understanding is the same as paramonte, if it's fenced no entry. If it's open they can cross but not take anything. But access must be allowed to paths, tracks (servitudes) other areas as specified in deeds.

 

Canoeman
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