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  • FIRST POST
    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 9:10 AM
    • 35Posts
    • 93Thanks
    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
    • 392 Posts
    • 252 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
    • 36 Posts
    • 12 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
    • 21,894 Posts
    • 85,990 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.
    I used to suffer with kleptomania, but now I take something for it.
    • culpepper
    • By culpepper 27th Apr 17, 5:43 PM
    • 3,831 Posts
    • 6,714 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
    • 392 Posts
    • 252 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
    • 21,894 Posts
    • 85,990 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.
    I used to suffer with kleptomania, but now I take something for it.
    • AndyMc.....
    • By AndyMc..... 28th Apr 17, 8:39 AM
    • 392 Posts
    • 252 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
    • 3,020 Posts
    • 1,581 Thanks
    lstar337
    Over the fence to where?
    Originally posted by AndyMc.....
    Into his garden.

    Can't you read the posts for yourself?
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