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My back garden is back to back with my children's school.The fence belongs to me and there is no fence from the school at this side. My question is if it is legal for me to enter the school from my garden to pick-up or drop-off my kids?

My logic is this: as the garden is back to back with school's open area, which everyone can access while they are in the school. I am allowed to be in school to pick-up or drop-off my kids, and I am allowed to get to the fence of my garden (from school side), and then as the fence belongs to me, so I am allowed to climb over it to enter my own house?

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    No offense, but I mean why would you not be allowed to climb over your own fence?
    – Putvi
    May 24, 2019 at 17:30
  • Sure, why not? Is there more to this? More background?
    – spring
    Dec 15, 2019 at 1:42

2 Answers 2

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In general, permission is not granted to enter the premises of another by climbing a fence unless it is explicitly granted. That the fence is on your property, but adjacent to the school's property, is a complication. The school, observing that there is a boundary fence, might reasonably rely on that to exclude people from entering other than at desired entry points. So it might be that your entry over the fence would be unauthorized and thus technically trespassing. If you were to put a gate in your own fence, the school's reliance is probably less reasonable. Or if you were to formally notify the school that you intend to enter the school grounds over your own fence.

However, in practice, you are not trespassing until you are notified by the owner or owner's agent or someone with proper authority. If there is no sign, there can be no claim that you were notified by one. So until a school official or employee notices you using the fence and orders you to stop, there is no issue.

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    If its your own fence, I'm sure you could install a gate in it. If you can install a gate, its very likely you could also build a ladder or set of steps over the fence too. Then there'd be no more presumption that the fence is excluding you.
    – abelenky
    May 24, 2019 at 19:40
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It is legal your you to climb over your fence and leave your property.

As to whether the school will permit you to enter their property at that point... That cannot be determined by anyone in this forum.

So what you should do, is to enter the school ground of your children,
preferably in a public place, and ask them.

This is not really a question that should be asked here, since asking the school directly would not only be swifter but also more reliable.

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