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  • FIRST POST
    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 9:10 AM
    • 37Posts
    • 112Thanks
    HarryMonkee
    Neighbour using my garden as storage
    • #1
    • 21st Apr 17, 9:10 AM
    Neighbour using my garden as storage 21st Apr 17 at 9:10 AM
    Could I apologise in advance if this is in the wrong category but I don't use forums much.
    I wonder if someone can offer me a legal answer to my question. If a neighbour chains and padlocks something in my garden and to my fence am I legally allowed to remove such item even if it results in damage to the chain or padlock?
    When people ask stupid questions, I feel obliged to give sarcastic answers.
Page 3
    • AndyMc.....
    • By AndyMc..... 22nd Apr 17, 8:28 PM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    Fly tipping is a criminal offence, not a civil one.

    A farmer across the valley from me was fined £6k for tipping rubbish on his own land. Obviously, the amounts were large, but the principle is the same.

    When someone fly tipped in my field, I rang the police. They didn't tell me that it was nothing to do with them; they gave me a crime number and I gave them the ID of the person the rubbish originally belonged to.

    There's more, but the story isn't relevant, just the context.
    Originally posted by Davesnave
    Yes it is, but this sounds like a civil dispute rather than a criminal offence.
    • Cats are great
    • By Cats are great 24th Apr 17, 11:34 AM
    • 51 Posts
    • 16 Thanks
    Cats are great
    How rude of him! It must be very upsetting and flustrating for you. I really wouldn't let him continue.

    I have had a bit of a do with a neighbour...they basically tried to put a path onto my drive ooo the cheek.

    It really stressed me out so I sat and thought about it and came to the conclusion that he was a bully and it wasn't going to work!

    I acquired a copy of his deeds, told him I had, that it was very clear his actions were not lawful. He asked who would stop him. My reply was 'a court will stop you and you will pay for the pleasure'. He hasn't spoken to me since but the bricks he laid for a path have now gone.

    A good property solicitor will charge around £75 for a nice letter, but this would result in a neighbourly dispute and would have to be declared if you sell up in the future.

    Don't let him get away with it, it's upsetting you, it needs to stop.
    • Davesnave
    • By Davesnave 24th Apr 17, 11:42 AM
    • 23,350 Posts
    • 88,972 Thanks
    Davesnave
    .... this sounds like a civil dispute rather than a criminal offence.
    Originally posted by AndyMc.....
    I think a civil dispute can turn into a criminal offence. If someone asks for the temporary dumping of rubbish on their property to cease, and it continues, it's also harrassment.

    Councils do not allow the temporary nature of bin bags put out on the wrong day, or in the wrong place, to dissuade them from taking action against those who do that.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • culpepper
    • By culpepper 27th Apr 17, 5:43 PM
    • 3,858 Posts
    • 7,029 Thanks
    culpepper
    I wonder if your house insurance has a legal advice service included OP, ours does.
    They may be able to suggest solutions .
    • AndyMc.....
    • By AndyMc..... 27th Apr 17, 10:16 PM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    I think a civil dispute can turn into a criminal offence. If someone asks for the temporary dumping of rubbish on their property to cease, and it continues, it's also harrassment.

    Councils do not allow the temporary nature of bin bags put out on the wrong day, or in the wrong place, to dissuade them from taking action against those who do that.
    Originally posted by Davesnave
    The OP says chains and padlocks something to the fence so it's hardly rubbish. Civil dispute all day long and maybe a trespass, which is also civil.
    • Davesnave
    • By Davesnave 28th Apr 17, 5:16 AM
    • 23,350 Posts
    • 88,972 Thanks
    Davesnave
    The OP says chains and padlocks something to the fence so it's hardly rubbish. Civil dispute all day long and maybe a trespass, which is also civil.
    Originally posted by AndyMc.....
    The salient quote from the OP is:

    "but they just toss all their bags over the fence and put them in bins on collection day. We live in the country with lots of wildlife and I have pets and young children."

    You're entitled to interpret that how you wish, but that's what happens, according to the OP.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • AndyMc.....
    • By AndyMc..... 28th Apr 17, 8:39 AM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    The salient quote from the OP is:

    "but they just toss all their bags over the fence and put them in bins on collection day. We live in the country with lots of wildlife and I have pets and young children."

    You're entitled to interpret that how you wish, but that's what happens, according to the OP.
    Originally posted by Davesnave
    Over the fence to where?
    • lstar337
    • By lstar337 28th Apr 17, 9:02 AM
    • 3,229 Posts
    • 1,733 Thanks
    lstar337
    Over the fence to where?
    Originally posted by AndyMc.....
    Into his garden.

    Can't you read the posts for yourself?
    • HarryMonkee
    • By HarryMonkee 22nd May 17, 8:30 AM
    • 37 Posts
    • 112 Thanks
    HarryMonkee
    Thank you to everyone who took the time to read my posts and respond with helpful suggestions. I needed to find a solution which would bring and end to this matter as it has been dragging on for months.
    We debated 'allowing some of his rubbish to stray onto public land' but after talking it over with some friends they sent their son over, who happens to be a solicitor, to have a word with him. He introduced himself as our family solicitor and told him he is starting legal proceedings to solve this issue. I'm not sure exactly what got said but I expect he threatened him with possible imprisonment as the garden is now clear and I get a halfhearted wave if he sees me.
    When people ask stupid questions, I feel obliged to give sarcastic answers.
    • getmore4less
    • By getmore4less 22nd May 17, 9:05 AM
    • 30,006 Posts
    • 17,934 Thanks
    getmore4less
    the old fashioned solution to the problem.


    The grown up version of my Dad is bigger than your Dad

    My mates are bigger than your mates.
    • Davesnave
    • By Davesnave 22nd May 17, 10:58 AM
    • 23,350 Posts
    • 88,972 Thanks
    Davesnave
    the old fashioned solution to the problem.


    The grown up version of my Dad is bigger than your Dad

    My mates are bigger than your mates.
    Originally posted by getmore4less
    Or just, "We know the law and how to apply it."

    Sometimes mates are useful, even the ones who are slightly built and bookish.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • HarryMonkee
    • By HarryMonkee 22nd May 17, 11:20 AM
    • 37 Posts
    • 112 Thanks
    HarryMonkee
    Or just, "We know the law and how to apply it."

    Sometimes mates are useful, even the ones who are slightly built and bookish.
    Originally posted by Davesnave
    Exactly and it was a stroke of luck he was back in the country. He currently lives in New Zealand.
    When people ask stupid questions, I feel obliged to give sarcastic answers.
    • moneyistooshorttomention
    • By moneyistooshorttomention 22nd May 17, 12:40 PM
    • 13,672 Posts
    • 37,161 Thanks
    moneyistooshorttomention
    Good on you. Glad it worked. I've had to follow similar lines to get my recalcitrant neighbours to shut up - and it worked.

    It does help if nfh get the message that they are pitted against a qualified legal brain
    #MeToo
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