Can my neighbour legally access my garden?

Jamiesmum

Guest101 wrote: »

What do you mean stand there and watch?


Has everyone gone mad? The police wasting there time stood there watching a tradesperson?

That's why I said at worst.

You may be surprised what the police will do to keep the peace sometimes, and totally depending on how quiet their day is of course. It's not all drug busts and car chases. The police are there to make people feel safe.

If the plumber has a legitimate reason to access her garden (for the meter) then of course the police could observe it, if the woman felt threatened by this. It would be down to them to decide at the time. But it's not impossible.

Guest101

Jamiesmum wrote: »

That's why I said at worst.

You may be surprised what the police will do to keep the peace sometimes, and totally depending on how quiet their day is of course. It's not all drug busts and car chases. The police are there to make people feel safe. - I can categorically tell you that it would be a civil matter; a total waste of their time; and they could not compel the OP to cooperate. I would gladly tell them to foxtrot Oscar as much as the tradesperson if they even tried to get my cooperation.

If the plumber has a legitimate reason to access her garden (for the meter) then of course the police could observe it, if the woman felt threatened by this. It would be down to them to decide at the time. But it's not impossible.

Or the OP can tell the plumber to Foxtrot Oscar and be done with it

molerat

- I can categorically tell you that it would be a civil matter; a total waste of their time; and they could not compel the OP to cooperate. I would gladly tell them to foxtrot Oscar as much as the tradesperson if they even tried to get my cooperation.

Unless they felt a breach of the peace was likely. A similar issue in a thread on here where someone was forced to move their car which was on a private road to allow someone to drive their vehicle out of the access they had made onto this private road over which they had no legal right of access or passage.

Where my son lives around 75% of the houses only have access to the electricity meter on their front porch by accessing next door's front garden right in front of their lounge window. The houses are ex MOD so there were no problems when the porches were added and meters moved but now there is a possibility of problems.

Guest101

molerat wrote: »

Unless they felt a breach of the peace was likely. - What? A similar issue in a thread on here where someone was forced to move their car which was on a private road to allow someone to drive their vehicle out of the access they had made onto this private road over which they had no legal right of access or passage. - I couldn't comment without reading the post.

Where my son lives around 75% of the houses only have access to the electricity meter on their front porch by accessing next door's front garden right in front of their lounge window. The houses are ex MOD so there were no problems when the porches were added and meters moved but now there is a possibility of problems.

I'm confused by what you mean when you refer to BOTP, can you elaborate

Jamiesmum

Guest101 wrote: »

I'm confused by what you mean when you refer to BOTP, can you elaborate

Why is that confusing?

You said it's purely a civil matter and the police wouldn't help. They said the police would if they saw it as breach of peace.

The OP felt threatened as it was, it could have easily escalated if she hadn't backed down and allowed access - so if the police was called and saw this behavior in action they could be arrested for breach of peace.

Forcing your way onto someones property using threatening behavior (in my opinion) is not a civil matter, it's a police matter. You don't have to be committing an actual offence for the police to take action. They're trained to stop these things before they begin.

Guest101

Jamiesmum wrote: »

Why is that confusing?

You said it's purely a civil matter and the police wouldn't help. They said the police would if they saw it as breach of peace. - this is the bit I'm confused with, which part if a breach of the peace?

The OP felt threatened as it was, it could have easily escalated if she hadn't backed down and allowed access - so if the police was called and saw this behavior in action they could be arrested for breach of peace. - who?

Forcing your way onto someones property using threatening behavior (in my opinion) is not a civil matter, it's a police matter. - absolutely it is, it's not a breach of the peace though. It's a public order act offence, causing harassment, alarm or distress. You don't have to be committing an actual offence for the police to take action. - actually you do, breach of the peace is a common law offence. They're trained to stop these things before they begin.

If you say so, I mean what do I know right?


Oh yes, quite a bit actually.

POPPYOSCAR

Jamiesmum wrote: »

That's why I said at worst.

You may be surprised what the police will do to keep the peace sometimes, and totally depending on how quiet their day is of course. It's not all drug busts and car chases. The police are there to make people feel safe.

If the plumber has a legitimate reason to access her garden (for the meter) then of course the police could observe it, if the woman felt threatened by this. It would be down to them to decide at the time. But it's not impossible.

Someone had their car stolen the other night, they rang the police as they watched their car being driven off.


It took the police 3 hours to respond.


Residents reported 2 men trying peoples doors in a street one afternoon this week. The police were not even interested and sent no one to investigate.


Good luck with getting them to attend a plumber trying to get access to your property!