Neighbour using my garden as storage

HarryMonkee

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?

Annie1960

How does the neighbour get access into your garden? You could lock all entrances so they cannot get in again.

I don't think you are allowed to damage their property, even if it is in your garden.

Tell them in writing that they should collect their items within 14 days, or you will have them removed by a licensed waste disposal company and will bill them for the cost.

Alternatively, if you have legal cover with your house insurance, give them a ring and ask.

If you don't have legal cover with your house insurance, become a Co-op member (cost £1) and you can use their legal helpline.

HarryMonkee

Thank you Annie for advice offered. It is the front garden and we have been down every avenue numerous times hence their use of the chain and padlock.

Annie1960

So why are they using your garden for storage? It's intriguing ...

Browntoa

cut the lock off , replace with equivalent type of lock so no "loss" of their property

missile

Possibly a bicycle and they don't have a garden of their own?

I would cut the lock off and leave it at their door.

mishkanorman

You run the risk of starting a very expensive legal dispute, its a civil matter so you'll need legal advice and that can be expensive,

However the same applies for them !

Do you NEED to do something ? is it an argument worth having or will you end up with further hassle ?

pogofish

If they don't have your permission to store anything there, tell them to remove it forthwith!

Or negotiate a practical compromise. I let my neighbour have some stuff in my garden and put some stuff in my greenhouse at times in the growing season but that's a mutual thing as we co-operate/share on aspects of gardening in a way that helps us both-out and I reckon I get the better part of the deal as he's an expert/champion/ex-professional horticulturist and I'm a rank amateur who just likes a nice garden and and a bit of fresh veg for the kitchen.

stator

Write one final letter. Pointing out that if he doesn't stop you will sue for tresspass. Find some template letters on google.

If he doesn't, take him to small claims court. You don't have to claim much money.

Other option is to amend your fence so that it is no longer a secure place to lock things to.

I wouldn't damage the locks or chain. You could be responsible for the damage or any loses if the item is stolen

always_sunny

what are they storing? Are they chaining their bike to your front garden railing?
I don't think you can change the lock and/or damage their property.

Before you do anything hasty, what is the inconvenience to you?
If they're long term neighbours, is it worth souring the relationship?

Annie1960

stator wrote: »

If he doesn't, take him to small claims court. You don't have to claim much money.

Interesting idea, but the OP would need to be able to prove his damages, and I can't see how these can be calculated.

An alternative would be for the OP to make a charge for storage, but the neighbour would need to agree to this.