HELP! Neighbour has moved fence during COVID lockdown and taken land

vitaweat

deannatrois said:

Police will say its a civil matter and do nothing.  Get the neighbour (if they haven't already) to visit your property and take new photos.  Find a solicitor.  Send evidence to solicitor and and ask them to send relevant letter.  However, where coronavirus will affect this is that not all solicitors are working on a level they were before the restrictions.  And actually getting any action from the neighbour could be an expensive process, even though you have right on your side.  

If the police say it's a civil matter then I'd hire some labour and have the fence moved back.

jessy1

If said neighbour is as bloody minded as his actions just be bloody minded back - turn up with some help and remove/ move the fence then threaten legal action if he touches your property ever again. Works whereas leaving fence in place while legal cogs turn does not from experience.

Davesnave

vitaweat said:

deannatrois said:

Police will say its a civil matter and do nothing.  Get the neighbour (if they haven't already) to visit your property and take new photos.  Find a solicitor.  Send evidence to solicitor and and ask them to send relevant letter.  However, where coronavirus will affect this is that not all solicitors are working on a level they were before the restrictions.  And actually getting any action from the neighbour could be an expensive process, even though you have right on your side.  

If the police say it's a civil matter then I'd hire some labour and have the fence moved back.

It's not 'if,' but 'when,' so don't involve the police, unless there's something that they can deal with, such as harassment or threatening behaviour. The police have no jurisdiction in civil matters like this and their time is precious, especially now.

vitaweat

Davesnave said:

vitaweat said:

deannatrois said:

Police will say its a civil matter and do nothing.  Get the neighbour (if they haven't already) to visit your property and take new photos.  Find a solicitor.  Send evidence to solicitor and and ask them to send relevant letter.  However, where coronavirus will affect this is that not all solicitors are working on a level they were before the restrictions.  And actually getting any action from the neighbour could be an expensive process, even though you have right on your side.  

If the police say it's a civil matter then I'd hire some labour and have the fence moved back.

It's not 'if,' but 'when,' so don't involve the police, unless there's something that they can deal with, such as harassment or threatening behaviour. The police have no jurisdiction in civil matters like this and their time is precious, especially now.

The OP claims criminal damage which is not a civil matter.

Davesnave

vitaweat said:

Davesnave said:

vitaweat said:

deannatrois said:

Police will say its a civil matter and do nothing.  Get the neighbour (if they haven't already) to visit your property and take new photos.  Find a solicitor.  Send evidence to solicitor and and ask them to send relevant letter.  However, where coronavirus will affect this is that not all solicitors are working on a level they were before the restrictions.  And actually getting any action from the neighbour could be an expensive process, even though you have right on your side.  

If the police say it's a civil matter then I'd hire some labour and have the fence moved back.

It's not 'if,' but 'when,' so don't involve the police, unless there's something that they can deal with, such as harassment or threatening behaviour. The police have no jurisdiction in civil matters like this and their time is precious, especially now.

The OP claims criminal damage which is not a civil matter.

  I don't see a statement in the OP which says that they own the fence. It may be an error of omission, but as it's material to the matter, if it's their fence that should have been made clear.

All I see is that the neighbour 'pruned' some bushes in order to reinstate the fence in the correct position, that's all. I know that's untrue, according to the OP, but it's what the neighbour will say and the police won't be poring over title plans and pictures to verify anything.

No harm in informing the police on a non-emergency number; then the matter is logged. I have done that before in a situation which might have escalated. However, it didn't and no police time on patrol was wasted.