Do I have to give balls back?

MrsE_2

My neighbour encouraged his son to kick the hell out of the boundary fence so he could force me to replace an old (but servicable) fence with a shiny new one.
The fence has fallen to bits in the area where football is played & is fine in the other areas of the garden. I will have to replace 8 panels where it was destroyed.
He also kicks the hell out of the fence the other side - I guess they want a shiny new fence that side too.
I should have gone around & told them I would contact the police re criminal damage when it started & I will do it when I pay for the new panels.
With the balls that come over can I throw them over the end to the public area rather than backs over the fence into their garden? May discourage them from kicking them at my fence.......
After all, as far as I'm concerned they "could" come from the other side & how am I susposed to know whose balls they are?
I thought if I threw them over the end to the public area, I'm allowing the owner to retrieve them. At the moment they are in & out of my garden constantly getting them back, but they won't be able to do this when I replace the fence.

Leif

I think we need to accept the claim that the child is kicking the hell out of the fence. Clearly the child's father does not care about the damage caused, and does not discipline the child. I would hazard a guess that this is not intentional on his part, it is simply that it is not his, so he does not care. I would contact the police, just phone the local station and have a chat to learn your rights. This could be criminal damage, in which case the repair cost will be down to the child's father. If so, then a polite but firm letter indicating that further damage to the fence will be charged to him. In this situation I would be very angry, and it is totally unacceptable behaviour on the part of the neighbour.

Poppy9

I don't think first stop is to contact the police I think you should speak calmly to your neighbour about the damage being caused etc.

There is absolutely no obligation on you to provide a boundary fence, it's a myth. An existing fence can be your responsibility if it's on your land, and if it breaks you don't have to replace it, the boundary still exists!

duchy

It wasn't intended to be nice -There is nothing worse than bad neighbours -and we certainly don't "have to accept" the child is so big and strong and is constantly firing cannonball shots at the fence til it breaks. The OP has a grandchild -it'd be a pity if she escalated things to such a point her own GS couldn't play in her garden when he visits (and another good reason to have a decent fence-to keep him safe)

Leif

I do agree that the OP should talk first with the neighbour, explaining that the fence is being destroyed, and pointing out the replacement cost. But by speaking to the police, you find out the legal aspects. I was not suggesting making a formal complaint, not yet. As suggested, give them a change, though to be honest according to the OP the child destroyed the previous fence, so these people sound quite horrible. I have come across such people i.e. they see the world in a perverse self centred manner where they have rights, and others have none.

duchy wrote: »

It wasn't intended to be nice -There is nothing worse than bad neighbours -and we certainly don't "have to accept" the child is so big and strong and is constantly firing cannonball shots at the fence til it breaks. The OP has a grandchild -it'd be a pity if she escalated things to such a point her own GS couldn't play in her garden when he visits (and another good reason to have a decent fence-to keep him safe)

It was unpleasant, and rude. The OP does not have to accept damage, which is - I assume - criminal damage.

MrsE_2

Leif wrote: »

That as not a nice post.

I think we need to accept the claim that the child is kicking the hell out of the fence. Clearly the child's father does not care about the damage caused, and does not discipline the child. I would hazard a guess that this is not intentional on his part, it is simply that it is not his, so he does not care. I would contact the police, just phone the local station and have a chat to learn your rights. This could be criminal damage, in which case the repair cost will be down to the child's father. If so, then a polite but firm letter indicating that further damage to the fence will be charged to him. In this situation I would be very angry, and it is totally unacceptable behaviour on the part of the neighbour.

I'm fairly sure it's intentional, I've heard him cheering & jeering him on when it hits the fence.
Virtually the day they moved in they asked when we would be replacing it......
The balls have damaged the fence so much the other side their dogs are escaping into theirs & my garden - I've even found dog poo in my garden :-( my grandson is toddling so I have to be careful with dog poo.
Before the fence was kicked to bits I might get 6 balls a day over, he used to come & retrieve them - I didn't have a problem with that at all.
The problems started when the father go the son to repeatedly kick the fence to hasten my replacing it.
I've got to replace 8 panels & I want to discourage further damage to the fence, that's why I want to discourage the lad from kicking the hell out of the remaining panels.

MrsE_2

Poppy9 wrote: »

I don't think first stop is to contact the police I think you should speak calmly to your neighbour about the damage being caused etc.

There is absolutely no obligation on you to provide a boundary fence, it's a myth. An existing fence can be your responsibility if it's on your land, and if it breaks you don't have to replace it, the boundary still exists!

I need to replace it to keep the dogs & dog poo from my garden. Also I need it so my grandson can play safely.

blossomhill_2

What a diffilcult situation - could you replace with freecycled panels so they don't get the swish new fence they may have been picturing?

MrsE_2

duchy wrote: »

It wasn't intended to be nice -There is nothing worse than bad neighbours -and we certainly don't "have to accept" the child is so big and strong and is constantly firing cannonball shots at the fence til it breaks. The OP has a grandchild -it'd be a pity if she escalated things to such a point her own GS couldn't play in her garden when he visits (and another good reason to have a decent fence-to keep him safe)

The balls do come over quite fiercely. They are the proper leather footballs not plastic ones. A couple of times I've nearly been hit by them.

MrsE_2

blossomhill wrote: »

What a diffilcult situation - could you replace with freecycled panels so they don't get the swish new fence they may have been picturing?

The labour is the greater cost the panels are only about £20 each. I want 6 foot ones to try & keep balls & dogs back because of grandson & privacy.

MrsE_2

I don't have any desire to keep the balls - but neither do I want to make it so easy to keep kicking at & over my fence.
That's why I want to know can I throw them over the public side for them to be retrieved.