Criminal damage?

propertyman

The answer is already posted, that the item can be removed as long as it is not damaged. Nailed featheredge is hard to remove without some damage.

If the fence has been put up on land that is NOT in dispute, then you can ensure that the local Police explain that this is criminal damage to your land, ensuring that the Police contain a similar entry on the file for your neighbours.

Chivvy up the Surveyor..

propertyman

It's more fun to say nothing & wait until a neighbour goes out and re erect it back the 6 inches they encroached on and pop in some turf.

mima

brit1234 wrote: »

If I was called to the dispute I would arrest for criminal damage if I believed you were going to continue taking the fence down. If I didn't believe you were going to take any more down I would bring you in for a tapped interview (not arrested), however in both cases you could be charged with criminal damage.

Cheers brit1234,

Are you speaking as an PC or PCSO?


It seems very strange (if I understand you right) that a person can trespass on others land and erect a fence without any warning while the 'victim' has no right to remove it without a permission to do so :eek:

Norman_Castle

http://www.boundary-problems.co.uk/boundary-problems/frontpage.html

brit1234

mima wrote: »

Cheers brit1234,

Are you speaking as an PC or PCSO?


It seems very strange (if I understand you right) that a person can trespass on others land and erect a fence without any warning while the 'victim' has no right to remove it without a permission to do so :eek:

Police with personal experience of this before I joined. I think the best way to sort this out in the end with a solicitor and a small court hearing (non criminal). Don't do anything else despite it being frustrating. Don't give them the satisfaction of getting arrested. Let the judge make the decision and direct the action, these things can get very overblown. Just ignore them till the judgement.

mima

brit1234 wrote: »

Police with personal experience of this before I joined. I think the best way to sort this out in the end with a solicitor and a small court hearing (non criminal). Don't do anything else despite it being frustrating. Don't give them the satisfaction of getting arrested. Let the judge make the decision and direct the action, these things can get very overblown. Just ignore them till the judgement.

Many Thanks
:beer:

mima

Hi again all you good people,

I'm back, 6 months on, £1.000 poorer and not much further forward!

The surveyors findings which I was awaiting at the time of my last post, were promptly rejected. Where the CO at first offered to help resolve the dispute, he now had no interest in the surveyors findings. His sole purpose now was to get me to sign a 'Community Resolution' so as to "save me getting a criminal record".
Alerted by this apparent turn-around, I refused to sign anything without a lawyer and was subsequently charged with criminal damage.
Though the charge was promptly thrown out by the CPS, this whole episode had left me with considerable doubt as to Police supposed neutrality.
It is just possible that the neighbour being a local vicar had some bearing on the CO's and PC's perverse decisions, but I suspect this to have been a little more who you know than what you know..

Subsequent solicitors advise (and their fees - half again per hour than my whole monthly pension) left me in no doubt that any civil action (just getting the case to court) would leave me penniless, while the opponents are free to ignore everything, as they have done for the most part.


I once believed that the whole purpose of laws was to serve justice.
So is it just that a neighbour can quite freely construct a building on my land without as much as by your leave, but I have to go through disproportionately costly procedures to lawfully restore some equity.

Can someone here explain this apparent perversity? When I put this question to the solicitors his answer was "We don't make the laws".


Regards
Mike

Fire_Fox

Did you post on Gardenlaw as suggested? If so what was said there?

mima

Hi Fire Fox,

Yes I have, with my original problem, and they had been very helpful (almost as helpful as the folks here ) but I have not yet been back there.
I thought I'll post here first as this is no longer a question of boundary as such but of how to get justice without going bankrupt - this forum been so much more versatile.


Regards
Mike

Fire_Fox

Don't mean to be rude but this is not a board about court cases it is 'House Buying Renting & Selling', and few of us here have any legal qualifications. Have you applied for legal aid? Citizens Advice Bureau? Legal cover on your home insurance policy? Get together with the other neighbours who experienced land grab?

If you think organisations who should have been impartial were not invoke their complaints procedure, get your ward councillors or Member of Parliament on the case.