Neighbour’s damaged gutter my rights

DB1904

Ectophile said:

DB1904 said:

mrschaucer said:

I don't think anyone is suggesting the police should be called?  The original suggestion was to involve a community support officer, if willing, in line with his role here
Police Community Support Officer (PCSO) - College of Policing
to try and mediate and prevent the neighbour causing a possible breach of the peace over a minor repair issue which the OP would like to carry out.

And you're seriously suggesting this is a good use of tax payers money?

The PCSOs are paid the same whether you contact them or not.

Sounds like you think there's no work for them and they are say waiting for the op to call. 

Jeepers_Creepers

DB1904 said:

Jeepers_Creepers said:

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?

As it stands what law do you think has been broken?

The police are not there to deal with the neighbours lack of maintenance on their home. 

I was referring to Whiterose potentially breaking the law should they begin to drill holes without permission, not that the neighb could be breaking the law by having dodgy guttering.

So, as it stands, no law currently being broken that I can think of, and I didn't suggest one was. I doubt the neighbour is breaking any law by having leaking guttering that they have refused to repair, but it is certainly an actionable civil matter at the very least - you can sue for damages, and would win.

My point was, should Whiterose - or anyone else for that matter - start to drill holes in someone else's wall without permission, then I'm pretty confident that is criminal damage. You want me to cite the specific law? I really can't be bovvered, as I don't understand why you are asking about this. Is drilling holes in someone's car a criminal act? Drilling holes in their knees? What if you first gain access to someone's land without permission in order to carry out the drilling?

If such acts don't constitute 'criminal trespass', then I prostrate myself before my screen in apology. :-) 

Mistral001

DB1904 said:

Ectophile said:

DB1904 said:

mrschaucer said:

I don't think anyone is suggesting the police should be called?  The original suggestion was to involve a community support officer, if willing, in line with his role here
Police Community Support Officer (PCSO) - College of Policing
to try and mediate and prevent the neighbour causing a possible breach of the peace over a minor repair issue which the OP would like to carry out.

And you're seriously suggesting this is a good use of tax payers money?

The PCSOs are paid the same whether you contact them or not.

Sounds like you think there's no work for them and they are say waiting for the op to call. 

To call out the police for a matter like this, I think is laughable.  The cost of such a visit would in the £100's in Police time and resources taking into account the paperwork involved.  People use the magic phrase of "fearing a breach of the peace" far too often to get the Police out to deal with a non-criminal matter.  This results in Police now not able to attend to actual crimes such a burglary.   

DB1904

Mistral001 said:

DB1904 said:

Ectophile said:

DB1904 said:

mrschaucer said:

I don't think anyone is suggesting the police should be called?  The original suggestion was to involve a community support officer, if willing, in line with his role here
Police Community Support Officer (PCSO) - College of Policing
to try and mediate and prevent the neighbour causing a possible breach of the peace over a minor repair issue which the OP would like to carry out.

And you're seriously suggesting this is a good use of tax payers money?

The PCSOs are paid the same whether you contact them or not.

Sounds like you think there's no work for them and they are say waiting for the op to call. 

To call out the police for a matter like this, I think is laughable.  The cost of such a visit would in the £100's in Police time and resources taking into account the paperwork involved.  People use the magic phrase of "fearing a breach of the peace" far too often to get the Police out to deal with a non-criminal matter.  This results in Police now not able to attend to actual crimes such a burglary.   

There would be no paperwork involved as there is nothing to record. 

Rosa_Damascena

Jeepers_Creepers said:

My point was, should Whiterose - or anyone else for that matter - start to drill holes in someone else's wall without permission, then I'm pretty confident that is criminal damage. You want me to cite the specific law? I really can't be bovvered, as I don't understand why you are asking about this. Is drilling holes in someone's car a criminal act? Drilling holes in their knees? What if you first gain access to someone's land without permission in order to carry out the drilling?

If such acts don't constitute 'criminal trespass', then I prostrate myself before my screen in apology. :-) 

Not if you're an orthopaedic surgeon.

HTH

casper_gutman

Rosa_Damascena said:

Jeepers_Creepers said:

My point was, should Whiterose - or anyone else for that matter - start to drill holes in someone else's wall without permission, then I'm pretty confident that is criminal damage. You want me to cite the specific law? I really can't be bovvered, as I don't understand why you are asking about this. Is drilling holes in someone's car a criminal act? Drilling holes in their knees? What if you first gain access to someone's land without permission in order to carry out the drilling?

If such acts don't constitute 'criminal trespass', then I prostrate myself before my screen in apology. :-) 

Not if you're an orthopaedic surgeon.

HTH

Even if you're an orthopaedic surgeon, it's illegal without consent.

Ganga

casper_gutman said:

Rosa_Damascena said:

Jeepers_Creepers said:

My point was, should Whiterose - or anyone else for that matter - start to drill holes in someone else's wall without permission, then I'm pretty confident that is criminal damage. You want me to cite the specific law? I really can't be bovvered, as I don't understand why you are asking about this. Is drilling holes in someone's car a criminal act? Drilling holes in their knees? What if you first gain access to someone's land without permission in order to carry out the drilling?

If such acts don't constitute 'criminal trespass', then I prostrate myself before my screen in apology. :-) 

Not if you're an orthopaedic surgeon.

HTH

Even if you're an orthopaedic surgeon, it's illegal without consent.

Not if its done in an emergency  and consent cannot be obtained .

Whiterose23

DB1904 said:

Jeepers_Creepers said:

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?

As it stands what law do you think has been broken?

The police are not there to deal with the neighbours lack of maintenance on their home. 

DB1904 What would you suggest?

I'm not sure how I can deal with this but I do have to deal with it somehow. It was never my intention to call the police but if I fix trellis to the wall to gain privacy, I guess they could call the police on me? 

So basically they can cause damage to my side by not maintaining their property, ie water damage from poorly maintained gutters and pipework, and they can also leave a rotting fence with a big hole cut in it so their numerous cats can jump through and mess on my garden, yet my hands are tied?

The land on myside where the fence is has been concreted over, so I can't plant anything there, so my only option is to spend money on having holes drilled, new posts sunken and a fence built, when a simple piece of trellis would solve the issue straight away (the fence issue that is, not the gutter issue).

Surely there's somebody I could call or talk to about this?

Jeepers_Creepers

Yes - the LP on your insurance. Once you do that, it's 'legal' option only.

The gutter issue: you either go the 'legal' route which is a 'letter before action' (sent by your LP insurance), which will say to your neighb "Sort this gutter within X days or else..." and leave them to it, or else go DIY which, I would suggest, involve one last firm (and recorded) approach to your neighb, "Look, the water coming out the broken guttering is unacceptable - can you get it fixed, please". When they say "Get stuffed...", sigh and walk away. And then sort it yourself.

For the latter, what's the worst that can happen? Seriously? She might come out and rant, to which you jauntily say "Almost done - no need to thank me!" and ignore her, or she tries to physically interfere (you need to think what you will do - hold her off with a length of guttering, or else call the police...), or she calls the police.

For the latter, explain in a slightly bemused and exasperated tone, "I tried speaking to her, but she's not rational - let me show you the vid - so I thought this was the kindest thing to do rather than go 'legal', which everyone hates..." The bobby will probably have to say "Well, technically....", but they will also say "I totally understand. What a good neighb you are...".

The fence issue - if it's their wall, don't touch it. If it's yours, do what you will (as long as it isn't too tall). If it's theirs, then fit your own posts and trellis immediately this side of it. That's it. Post holders can be bolted down on to concrete surfaces - peasy.

Please come back and say you've done one or t'other... :-)

Whiterose23

Jeepers_Creepers Thank you for your advice with this! I can just imagine holding her off with a length of guttering!! One more question though ... (sorry), I've paid for my Title Plan and it does not show or indicate responsibility for the border.

The notes with it also state that borders may not be specified or clear or have been decided in the first place. So I would presume my neighbours are making asumptions. In that case what chance is there of them successfully suing me for fixing up a bit of trellis?

Obviously I want to avoid confrontation (unless equipped with a length of guttering). But legally, if there is no documentation that can lay this out, what crime would I be committing if I attach something to the wall?

Sorry I'm going on about this but my daughter's now too worried about going in the garden because of the neighbour and I'm not having that. The nightmare neighbour is at no. 21.

Image of title plan attached.