Are my neighbours tree ‘surgeons’ allowed to jump the fence into my garden?

eidand

I can't believe we're still debating this. I would have no issue calling the police. You expect people to wait and get stabbed before having enough reason to call the police?

You find strangers in your back garden then that's good enough reason. Every person with a modicum of common sense would knock on the door first and tell you what's going on. If they didn't, they clearly have none. They could be anyone, robbers, criminals,who knows.

lookstraightahead

Hmmmm I'm female and whilst I would be cross I had not been informed, it wouldn't make me feel threatened. The fact there were 4 and up a tree would help me.

Would feel much more worried to see a single man/woman just stood there looking in. 

Seems obvious what they were doing. 

General_Grant

[Deleted User] said:

canaldumidi said:

turnitround said:

Im amazed at how many posters say they would call the police in these circumstances. 

Even if the police did have time to attend they would not be very impressed to get there to find someone saying 'These are workmen from next door and they didn't ask first'.

What a complete waste of police time.

Plus there is a relevant offence:

section 5(2) Criminal Law Act 1967

The offence of wasting police time is committed when a person causes any wasteful employment of the police:

• by knowingly making to any person a false report orally or in writing tending to:
  • show that an offence has been committed; or,
  • give rise to apprehension for the safety of any persons or property; or,
  • show that he has information material to any police inquiry.

It is a summary only offence carrying a maximum penalty of six months' imprisonment and/or a level 4 fine.

Don't be ridiculous.

The operator on the call would decide if it's an emergency or if they can send a PCSO. This kind of offense only comes into play if you lie to the police to get them to come.

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

The non-emergency number for the police is 101.

MysteryMe

eidand said:

I can't believe we're still debating this. I would have no issue calling the police. You expect people to wait and get stabbed before having enough reason to call the police?

You find strangers in your back garden then that's good enough reason. Every person with a modicum of common sense would knock on the door first and tell you what's going on. If they didn't, they clearly have none. They could be anyone, robbers, criminals,who knows.

According to the OP they did knock on the door first. She was not in a position to answer.

How likely is it that someone intent on stabbing, robbing or assaulting a house holder would engage in a bit of tree surgery first? We are entering the realms of paranoia.  This thread is a classic example of perception over reality.

canaldumidi

MysteryMe said:

How likely is it that someone intent on stabbing, robbing or assaulting a house holder would engage in a bit of tree surgery first? We are entering the realms of paranoia.  This thread is a classic example of perception over reality.

Before we know it there'll be bodies being burried in the garden. Brought there in the boot of a car in a Bag for Life.

https://forums.moneysavingexpert.com/discussion/2636903/updated-its-done-our-buyer-wants-to-bury-their-dead-dog-in-our-garden

MysteryMe

[Deleted User] said:

canaldumidi said:

turnitround said:

Im amazed at how many posters say they would call the police in these circumstances. 

Even if the police did have time to attend they would not be very impressed to get there to find someone saying 'These are workmen from next door and they didn't ask first'.

What a complete waste of police time.

Plus there is a relevant offence:

section 5(2) Criminal Law Act 1967

The offence of wasting police time is committed when a person causes any wasteful employment of the police:

• by knowingly making to any person a false report orally or in writing tending to:
  • show that an offence has been committed; or,
  • give rise to apprehension for the safety of any persons or property; or,
  • show that he has information material to any police inquiry.

It is a summary only offence carrying a maximum penalty of six months' imprisonment and/or a level 4 fine.

Don't be ridiculous.

The operator on the call would decide if it's an emergency or if they can send a PCSO. This kind of offense only comes into play if you lie to the police to get them to come.

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

There was no crime in progress though,  there were people in the OP's garden cutting a tree belonging to the OP's neighbour. There was no attempt to break into the house nor did they commit criminal damage to the OP's property in the garden.  The workmen were trespassing which is not a crime as several people have already pointed out. 

Everyone has agreed that it would have been far better for the neighbour to have spoken to the OP beforehand so they are right to be concerned but the concern is actually the lack of courtesy shown to them and the workmen misleading her as to their right to be on her property. Even the misrepresentation is not a crime as there was no attempt to deprive the OP of anything. The tree is her neighbour's property and the neighbour is paying the workman. 

lookstraightahead

When I moved house once an elderly gentleman used to use my garden to tend next doors flowers. Should I have phoned the police? 

davilown

Couple of things:

Its neighbour not neighbor.

PPE is different for different roles - not wearing high-vis when trimming is not essential. Additionally, lopping is a totally acceptable way of trimming a tree.

The neighbour may not have even known they were turning and, even then, may not have known they would have needed to access the next door's garden.

Be grateful that they have trimmed the whole tree and not just their side - you would have had to trim it yourself at some point, let alone deal with the detritus in autumn and spring.

Did they cause any damage? If no, get over it. If yes, then speak to the neighbour to ask for them to repair the damage caused.

Either way, regardless of your ethnicity, as good old GM would say, knock on with a cake and have a brew to chat.

Good neighbours are brilliant. 

Talk about making a mountain out of a molehill.

Cabincrewcasey

I had a similair issue, we live in a bungalow and unbeknown to me my landlord and his son were visiting my neighbour (they are good friends).

my car wasn’t on the drive, it had gone for a service, so they assumed I was at work, I was actually home and had just showered, I was getting dressed ready for work, a colleague was picking me up,  and saw them in my back garden, they had climbed the low part of the fence to have a look at the patio my husband and I had redone. I’m 99% sure they both saw me topless or at best in a bra and very unhappy about that. 

They visit frequently as they have friends in the street and they know I have no issue with them knocking on the door anytime and asking to check anything, we have very good relationships with them but this was infuriating. I haven’t said anything because i don’t want to rock any boats, and I know it wasn’t that they were deliberately pervy but it wasn’t acceptable. I haven’t told my husband, he would hit the roof.

Slithery

lookstraightahead said:

When I moved house once an elderly gentleman used to use my garden to tend next doors flowers. Should I have phoned the police? 

Stocks and shackles, definitely.