Neighbours damaging fencing and trespassing.

bagginslover

Not sure if this is the correct forum, but...

Our neighbours are damaging our fence. We live on a predominatly council estate, our neighbours are council tenents, we own the house (well, the bank does-previous owner bought it from the council).
Recently we have had reason to beleive someone has been our garden- my rabbits hutches have been opened-thankfully the rabbits are fine, but they could have easily escaped (also not blaming these neighbours for opening the hutches, we have no proof they have done this, and we do get other children in the garden after lost balls). Because of this, we purchased and set up a webcam to watch over the garden whilst at work. It records when movment is picked up in certain areas of the feild of view, so doesn't record in neighboring gardens unless movement is picked up in ours, though we can view a live feed if we log in.

Today the camera recorded the next door neighbour putting his 8-10 year old son over the fence to retreive a ball they kicked over. I mention his age as his size means that the man has to lean on our fence and apply considerable force on it to put him over and lift him back (not to mention being on benefits and off work for a bad back, but thats another rant for another day). We do have a side passage, with a gate that isn't locked, so the could have simply walked around to get it (though that would still be trespass as we aren't there to ask permission of).
They also use our fence as something to kick their ball against, despite many requests not to, the fence is now cracking in the areas by their lawn (areas where they have trees and bushes, and a patio do not show the same cracks) Last year they were caught by my partner lifting the fence panels up so they could crawl under for their balls!

I'd like some advice as to what we can do about the damage to the fence, and telling them that we know they have been in there while we were out and making it 100% clear that they do not enter our garden without our express permission.

Thanks in advance.

iamana1ias

I'd have a quiet word, asking them not to lift the child over to get the ball back. Offer to chuck them back over when you get home at night. You could also congratulate him on his bad back getting better and ask when he'll be going back to work

Can you modify the fence so that they can't get over/under/through it? I'm thinking a row of very sharp kitchen knives fitted point up

hethmar

Damage to your property is in fact a criminal offence. But as you seem to be out a lot during the day, do you really want to get the neighbours back up by dragging in the law? Have a word with them about the fence as if you arent aware the father has been involved - its easy to go softly softly if they think you think the little kids are doing it. You could mention you are thinking of putting in cctv as your rabbits hutches have been opened by someone too.

Gloomendoom

Trespass is a civil offence, but the trespasser is liable for any damage they cause while trespassing.

Having said that, I doubt there is any point claiming damages off someone on benefits though.


How about putting a gate in the fence?

Padlocks on the bunny hutches might be a good idea too.

Edit: It would only be criminal damage if you can show intent. If it's an eight year old boy that would be impossible.

bagginslover

I am definatly looking at making the hutches more secure, I'd be a wreck if my buns were lost!

Surely if we have already told them they are damaging the fence (which we have, might not have mentioned that already), continuing to use it as a goal post shows intent? It in't just the boy who does it, they often have adult friends over and have 'kick abouts' in the garden, I would imagine the force of an 8 year old kicking the ball would be far, far less that the adults, and so the boy probably causes very little damage in comparison. Can we report it to the council as they are the landlords?

Should we have to fork out for a gate (or indeed a new fence) if the old, perfectly good one was damaged by them? Especially where there is a perfectly good gate at the side of the house that they could use?

As for him being on benefits-he certainly does well out of it, their home gadgets etc are far better, newer and more expensive than our, though we do suspect he has a 'sideline' income, though no proof (any WAAAY off topic!! )

iamana1ias

Just tell them straight that you do not give them permission to climb/enter your garden in any way, and that you know they have been. You don't have to justify yourself. Also tell them that if they continue to willfully damage your fence you'll be invoicing them for the cost of strengthening it/replacement.

Why pu55yfoot around them?

1984ReturnsForReal_2

Keep quiet about the camera just have a quiet word with neighbour without giving clear examples or saying what you have seen from your CCTV.

If it doesn't stop send the council/housing association a bill for the damage (again, without mentioning a camera)..

More than likely you will get pictures of them doing other stuff in the meantime.

You have given the parents the opportunity to put things right.

You won't get anything from the council but you have given the council/housing association the opportunity to speak to the parents to put things right.

If the above doesn't work do whatever you want & don't feel guilty about it.

kazwookie

A row of very pricky shrubs near where they climb over might do the trick, and padlock the bunnies cages.

Freddie_Snowbits

Prickly plants seem ideal in times like this

Freddie_Snowbits

Freddie_Snowbits wrote: »

Prickly plants seem ideal in times like this

I just love the submit button

kazwookie wrote: »

A row of very pricky shrubs near where they climb over might do the trick, and padlock the bunnies cages.

No Freddie, do not even mention Rabbit Pie

bu99er

bagginslover

iamana1ias wrote: »

Why pu55yfoot around them?

Because they are generally awkward neighbours. We are renovating (the entire house!) but we are careful to keep our banging and power tool use between reasonable hours. They feel any noise is too much noise and retalliate with loud music into the night. I didn't mention this before as it wasn't relevent to the garden/fence situaltion, but I suppose it is as you asked