Neighbour’s damaged gutter my rights

TELLIT01

DB1904 said:

There's no such thing as criminal trespass and by trespassing the op wouldn't be committing and offence under the criminal justice and public order act. 

Yes there is but it is very limited.  "

What is criminal trespass UK?

The circumstances in which it is a criminal offence are usually trespass on educational premises, railway property, protected sites, etc. In English law, trespass to land involves the "unjustifiable interference with land which is in the immediate and exclusive possession of another".

Rosa_Damascena

Whiterose23 said:

Rosa_Damascena said:

goldfinches said:

Based on the noise around here earlier this evening I suggest you do the work during the next England football match which ought to mean they can't hear anything at all, if you want to be really sneaky you can listen to the match through an earpiece and drill as they score!

Reactively funny but not in good taste.

The poor chap is bed-ridden and the wife I assume is his f/t carer. They are not your classic neighbours from hell.

Hi, although they are old the wife is in fact quite terrifying. She tends to rant and sometimes doesn’t make sense. Her husband is bedridden (according to her) and they rarely leave the house. 

I’ve discovered that the guttering is broken all the way round to their property and water is gushing over at two points i to my garden.

Could she have dementia? Not that its for you to diagnose, but it could be another explanation for the anger. I sense the problem may be self-limiting but that doesn't resolve your problem now.

Ganga

Rosa_Damascena said:

goldfinches said:

Based on the noise around here earlier this evening I suggest you do the work during the next England football match which ought to mean they can't hear anything at all, if you want to be really sneaky you can listen to the match through an earpiece and drill as they score!

Reactively funny but not in good taste.

The poor chap is bed-ridden and the wife I assume is his f/t carer. They are not your classic neighbours from hell.

I am sure goldfinches post was a tongue in cheek answer and not being rude/offensive etc.

Jeepers_Creepers

Whiterose23 said:

Yes I’m going to have to pluck up courage! It’s all rather strange as we’ve only set eyes on them half a dozen times in the last few years and all of a sudden she has appeared out of nowhere ranting and raving at us because we are looking at sorting out the fencing. I guess they find it difficult when people move in and make changes. By all accounts the neighbours on the other side of them have been having a few issues as well.

She may rant and look wild, but she's elderly and, well, she's a woman; she ain't going to cause you actual physical harm. Probably.

Because you are a nice person, your manner will be gentle and reassuring, but when she 'flips', you just hold up your hands, smile, and walk away.

Then fix the guttering.

Ditto with your fencing. This fence is your 'responsibility', yes? Phew. Just get on with it. If she rants, try and reason, but essentially just smile and get on with it; "This is our fence, and we are fixing it up the way we want it - that's all". Repeat ad nauseam.

If she physically interferes, then you call the local bobby; "Sorry, this may seem a trivial issue, but she is now physically interfering with us and preventing us from carrying out our rightful business. I fear she may have emotional issues, and we are concerned about her wellbeing..."

You just need to get on with it. Give an inch, show hesitation over what are your rights, and she'll almost certainly take advantage and expect more.

A line needs to be drawn. A sympathetic line, 'cos she does sound as tho' she's a bit unstable, and not just a nasty person?

DB1904

mrschaucer said:

Are there any Police Community Support Officers locally?  Right up their street, I would have thought.  If you could get one round and explain the situation, and how you would love to mend the guttering yourself to prevent your neighbours' damage but have been prevented from doing so by their attitude, I would have thought he could be persuaded to go round next door for a chat.

Nothing to do with the police. 

kdotdotdotdot

Would getting a water butt (or two) to catch all that water help?  Would be great use for watering the garden, especially if you're on a meter.

If there's also a dispute about the fence, you can always get another one put up on your land.  You may lose a few inches of garden to ensure that your fence doesn't touch theirs, but that's probably worthwhile isn't it?

Mistral001

DB1904 said:

mrschaucer said:

Are there any Police Community Support Officers locally?  Right up their street, I would have thought.  If you could get one round and explain the situation, and how you would love to mend the guttering yourself to prevent your neighbours' damage but have been prevented from doing so by their attitude, I would have thought he could be persuaded to go round next door for a chat.

Nothing to do with the police. 

I agree.  No laws have been broken or are likely to be broken.  

Jeepers_Creepers

Cool, so when Whiterose puts up their ladder and drills numerous holes in another person's house wall, there's now't they can do.

Fab.

There you go, WR - what's you waiting for?

Mistral001

kdotdotdotdot said:

Would getting a water butt (or two) to catch all that water help?  Would be great use for watering the garden, especially if you're on a meter.

If there's also a dispute about the fence, you can always get another one put up on your land.  You may lose a few inches of garden to ensure that your fence doesn't touch theirs, but that's probably worthwhile isn't it?

Water butts are a good idea.  I think you need to show to your neighbour that you are working with them to resolve the issue as it affects you and not come across as making demands on them.  

Rosa_Damascena

Jeepers_Creepers said:

Whiterose23 said:

Yes I’m going to have to pluck up courage! It’s all rather strange as we’ve only set eyes on them half a dozen times in the last few years and all of a sudden she has appeared out of nowhere ranting and raving at us because we are looking at sorting out the fencing. I guess they find it difficult when people move in and make changes. By all accounts the neighbours on the other side of them have been having a few issues as well.

She may rant and look wild, but she's elderly and, well, she's a woman; she ain't going to cause you actual physical harm. Probably.

Let's not get ahead of ourselves. Does she use a waking stick?