Criminal damage

10jr11

My neighbour has drilled holes in our wall to put up a trellis and a bird box without permission.  We needed access to that side of the house to clear the gutter on our garage . The gutter overhangs the path between both houses . This path is fenced off but in effect our boundary ends with the line below where the gutter ends . So we own about 12" of the space between both houses. As we only discovered this yesterday we have taken no action as yet.  Any advice would be welcome please. 

EssexExile

What's the problem?

Doozergirl

EssexExile said:

What's the problem?

Too much time on their hands.  To even be using the phrase criminal damage is blowing it out of proportion. 

Fill the hole, be done with it.   The birdies will have to live somewhere else.  

GDB2222

This might be criminal damage, done recklessly, although a defence is that the perpetrator thought you would have consented. However, good luck bringing a private prosecution, because the police will have trouble stopping themselves laughing out loud if you try to involve them. 

The_Warned

10jr11 said:

As we only discovered this yesterday we have taken no action as yet.  Any advice would be welcome please. 

No one can give much advice as you've spent most of your time describing  this from a purely legal perspective. In that context, the neighbour has transgressed in a minor way, capable of being reversed, so it's not worth a thread to discuss the 'damage.'

From a practical point of view, you might have more of a case depending upon what the neighbour plans to grow on the trellis, but as you don't know that, I'd suggest you speak to the neighbour and find out. You could point out any difficulty you'd have in clearing the gutter at the same time.They may just have been a little thoughtless, or even be a bit thick. but it's far better to get along with the neighbour peaceably, if you can.

TLDR: Communicate with your neighbour face to face......2m apart at the moment, naturally.

rach_k

Next time you see them, smile, say hi and then say that you don't want to be 'that annoying neighbour' but you've noticed that they've put a trellis on your wall.  Tell them that you don't want anything grown up your wall.  Then smile again and ask whether they want the trellis back and, if they do, whether they will be filling the holes or whether you should you arrange to do it.  Easy enough.