is my neighbour trespassing

Alderbank

I'm really struggling to visualise these overlapping gates and garden paths and front doors.
OP, any chance of a diagram or better still a photo?

From the way you describe your neighbour she must be on the radar of your Community mental health team. Can you speak to her community mental health worker? Part of their remit is to help with any neighbour issues.
Who owns her house? Is it owned by a Housing Association or a social care charity? If so they will have outreach workers who will be able to help.
Any of these trained workers are likely to be more successful than the police who have no authority and little appetite to intervene in civil matters like trespass.

Bendy_House

DanDare999 said:

Bendy_House said:

Everything...everything...everything... written down, timed, logged, evidenced?

Good.

When there's enough, act.

The OP writing it down doesn't add any more weight evidentially. It may aid their memory but it's neither here nor there as evidence. 

Which is why I cunningly added "...evidenced."

I've already suggested she ensures her CCTV covers her whole property.

In any event, although not 'evidence' in a criminal sense, a log of incidences does carry weight in a civil or LA-enacted situation. Which is why it's often the first thing they ask for.

DanDare999

Bendy_House said:

DanDare999 said:

Bendy_House said:

Everything...everything...everything... written down, timed, logged, evidenced?

Good.

When there's enough, act.

The OP writing it down doesn't add any more weight evidentially. It may aid their memory but it's neither here nor there as evidence. 

Which is why I cunningly added "...evidenced."

I've already suggested she ensures her CCTV covers her whole property.

In any event, although not 'evidence' in a criminal sense, a log of incidences does carry weight in a civil or LA-enacted situation. Which is why it's often the first thing they ask for.

Does it? The neighbour writing down it never happened must carry equal weight. 

worried123

Many thanks to everyone.....very grateful..the problem here is that she is who she is and that cannot change and really at the end of the day its either fencing so she has no access to my property whatsoever - and then cannot use my gate to cut across to her place etc...but i shall always be nervous of my car and having my bordering garden destroyed by her etc etc....
I do feel traumatised by her and the things she has done and the things she is capable of.  she disturbs me greatly...who she is and how she is and out of sight is out of mind (slightly in this case) to see her face on camera, touching/opening my front gate and entering as though she owns the place...as though she has a right, after all that she has done and put me through..and got away with fills me with a fury that holds no bounds.  she is a criminal! its as simple as that......i agree that writing things down without concrete evidence isnt going to get to this sorted but its also true that its a starting point that you must do...even without the evidence and i also agree that the police are not interested in cases like this - even when you tell them you are scared...
This morning i am a wreck as my phone says that my security camera battery is very low and needs charging immediately (i dont know why as its attached to a solar panel to charge it) and i cannot reach it on my own so untili phone a friend i am a wreck about my car.......and this is no way to live....
that she continues to behave as she does and gets away with it astounds me......the system is lacking...
I am so grateful for all advice, help and suggestions....

sienew

I've read this entire thread and I'm a little confused as the solution seems quite simple... put up a fence. A physical barrier between you should help in the other cases of harassment as well.

Mistral001

worried123 said:

Bendy_House said:

The damage to your car, did you recover the cost of this from the neighbour? Was the police involved? Did they have evidence to go on?

Anyway, to examine whether this lady is trespassing, you need to read your deeds - that should mention any RightOf Way anyone other that folk directly connected to you will have (as you say, posties, etc. and visitors to you, do, but anyone else do not. The laws on 'trespassing' are quite lax on their own, but this would be a pretty clear case of harassment, and/or nuisance, and/or trepass-property damage.

Without a fence being put up, it might be hard to define at what stage this person continues to trespass if they are inclined to keep on being intimidating. They could, for example, 'tend' their side of the boundary and 'accidentally' keep stepping on your side, and that sort of petty - but worrying - stuff.

What's the bigger picture here? What stage are you at with trying to have this person 'restrained' from their behaviour? I would suggest to you that you need to tackle this - properly. No quarter. No compromise.

What do the police say about the situation?

Do you have Legal Protection on your house insurance? 

Bendy House, Thank you.  Major issues here and an ongoing battle - she has mental health issues and i feel she is therefore tip toed around....the answer is to move and I do need to section off completely the side gardens where she would cut through to her own home so she has no access to my home or my property.  Complete disrespect and abuse from her for years despite the fact that i do not go near her, speak to her or acknowledge her.  She is not reasonable and should i perhaps drop a note asking her to use her own gate and path there would be terrible repercussions of the insane kind......
I like that you said properly, no quarter and no compromise.......it is tough getting help in these situations and in my heart I know that  eventually i will have to move.....
Things have quietened with her since the police became involved but i do not want her in my front garden every single day - that she has the audacity to do this after all she has done is astounding but she has no boundaries.

I would NOT drop a note to her.  When neighbours in dispute put anything in writing to the other one it escalates the dispute to another level.  It simply throws petrol on the fire so to speak.

Bendy_House

Mistral001 said:

worried123 said:

Bendy_House said:

The damage to your car, did you recover the cost of this from the neighbour? Was the police involved? Did they have evidence to go on?

Anyway, to examine whether this lady is trespassing, you need to read your deeds - that should mention any RightOf Way anyone other that folk directly connected to you will have (as you say, posties, etc. and visitors to you, do, but anyone else do not. The laws on 'trespassing' are quite lax on their own, but this would be a pretty clear case of harassment, and/or nuisance, and/or trepass-property damage.

Without a fence being put up, it might be hard to define at what stage this person continues to trespass if they are inclined to keep on being intimidating. They could, for example, 'tend' their side of the boundary and 'accidentally' keep stepping on your side, and that sort of petty - but worrying - stuff.

What's the bigger picture here? What stage are you at with trying to have this person 'restrained' from their behaviour? I would suggest to you that you need to tackle this - properly. No quarter. No compromise.

What do the police say about the situation?

Do you have Legal Protection on your house insurance? 

Bendy House, Thank you.  Major issues here and an ongoing battle - she has mental health issues and i feel she is therefore tip toed around....the answer is to move and I do need to section off completely the side gardens where she would cut through to her own home so she has no access to my home or my property.  Complete disrespect and abuse from her for years despite the fact that i do not go near her, speak to her or acknowledge her.  She is not reasonable and should i perhaps drop a note asking her to use her own gate and path there would be terrible repercussions of the insane kind......
I like that you said properly, no quarter and no compromise.......it is tough getting help in these situations and in my heart I know that  eventually i will have to move.....
Things have quietened with her since the police became involved but i do not want her in my front garden every single day - that she has the audacity to do this after all she has done is astounding but she has no boundaries.

I would NOT drop a note to her.  When neighbours in dispute put anything in writing to the other one it escalates the dispute to another level.  It simply throws petrol on the fire so to speak.

I understand what you are saying, Mistral - if there is a small niggling issue to resolve, then dropping a note ain't the way to do it.

This is different. This has gone beyond trying to find an agreed way forward. This neighbour - from what we are told - is emboldened as they have effectively got away with it until now.

They know what they are doing. This is about 'power' and 'control'. Worried had the audacity to challenge her behaviour about her dog fouling the communal area, and this loon is now fixated on retaliation. On getting her own back. On making the OP's life a misery. On 'winning'.

There are lots of folk like that about. 

If Worried really wishes to sort this, she needs to take back control (No! I don't mean in an idiotic lying Brexity way! On that point, bye, everybody - I might be taking an enforced holiday from here...)

Worried needs to be the one in charge. She needs to turn the tables. She needs to get rid of that leaden lump in the pit of her stomach, from wondering what this a'ole is going to do next.

And she does that by recording every damn thing this person does, and reporting it. Not avoiding her - in fact, look her straight in the eyes. Tell her, "I know what you've been doing - your sad, deluded, devious, tricks. No more. It stops now..."

And, the next time this lady literally crosses the line, Worried acts. That's why she needs to pass on the message in a recorded way. She cannot have loon claiming, "Oh, I've always done it! I thought she was ok with it!" Because these devious folk can be remarkably 'plausible'. They need exposing.

Then, you have control.

Bendy_House

Worried, you want a fence up? Cool - then do it. You want to tell this person to never come on to your land? Cool. Do it. You want to tell her what she's been doing? Ditto.

Just have yourself covered. Recorded.

(On that note, you can get a pocket-clip recorder on t'Bay for £13 that you should have running any time you deal with such folk. I can tell you, they work a treat.)

k3lvc

From the OP's post I'm assuming something similar to this - a pair of semis @ 45deg to the junction and the neighbour is cutting across OP's garden rather than walking round the corner to use their own gate/path

Can't see from the OP's post the status of the property - are they both owned/council/private rental and as others have suggested what do the deeds say re access

DanDare999

Bendy_House said:

Mistral001 said:

worried123 said:

Bendy_House said:

The damage to your car, did you recover the cost of this from the neighbour? Was the police involved? Did they have evidence to go on?

Anyway, to examine whether this lady is trespassing, you need to read your deeds - that should mention any RightOf Way anyone other that folk directly connected to you will have (as you say, posties, etc. and visitors to you, do, but anyone else do not. The laws on 'trespassing' are quite lax on their own, but this would be a pretty clear case of harassment, and/or nuisance, and/or trepass-property damage.

Without a fence being put up, it might be hard to define at what stage this person continues to trespass if they are inclined to keep on being intimidating. They could, for example, 'tend' their side of the boundary and 'accidentally' keep stepping on your side, and that sort of petty - but worrying - stuff.

What's the bigger picture here? What stage are you at with trying to have this person 'restrained' from their behaviour? I would suggest to you that you need to tackle this - properly. No quarter. No compromise.

What do the police say about the situation?

Do you have Legal Protection on your house insurance? 

Bendy House, Thank you.  Major issues here and an ongoing battle - she has mental health issues and i feel she is therefore tip toed around....the answer is to move and I do need to section off completely the side gardens where she would cut through to her own home so she has no access to my home or my property.  Complete disrespect and abuse from her for years despite the fact that i do not go near her, speak to her or acknowledge her.  She is not reasonable and should i perhaps drop a note asking her to use her own gate and path there would be terrible repercussions of the insane kind......
I like that you said properly, no quarter and no compromise.......it is tough getting help in these situations and in my heart I know that  eventually i will have to move.....
Things have quietened with her since the police became involved but i do not want her in my front garden every single day - that she has the audacity to do this after all she has done is astounding but she has no boundaries.

I would NOT drop a note to her.  When neighbours in dispute put anything in writing to the other one it escalates the dispute to another level.  It simply throws petrol on the fire so to speak.

I understand what you are saying, Mistral - if there is a small niggling issue to resolve, then dropping a note ain't the way to do it.

This is different. This has gone beyond trying to find an agreed way forward. This neighbour - from what we are told - is emboldened as they have effectively got away with it until now.

They know what they are doing. This is about 'power' and 'control'. Worried had the audacity to challenge her behaviour about her dog fouling the communal area, and this loon is now fixated on retaliation. On getting her own back. On making the OP's life a misery. On 'winning'.

There are lots of folk like that about. 

If Worried really wishes to sort this, she needs to take back control (No! I don't mean in an idiotic lying Brexity way! On that point, bye, everybody - I might be taking an enforced holiday from here...)

Worried needs to be the one in charge. She needs to turn the tables. She needs to get rid of that leaden lump in the pit of her stomach, from wondering what this a'ole is going to do next.

And she does that by recording every damn thing this person does, and reporting it. Not avoiding her - in fact, look her straight in the eyes. Tell her, "I know what you've been doing - your sad, deluded, devious, tricks. No more. It stops now..."

And, the next time this lady literally crosses the line, Worried acts. That's why she needs to pass on the message in a recorded way. She cannot have loon claiming, "Oh, I've always done it! I thought she was ok with it!" Because these devious folk can be remarkably 'plausible'. They need exposing.

Then, you have control.

It's easy for you to say that sat behind your keyboard, in reality I think it's a bit beyond the OP at this moment in time and they need the authorities to stand up to the neighbour.