Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fight!

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Yep hes been cautioned for Criminal Damage for three things:

1) Criminal damage (spray painting to the drive)
2) Criminal damage (Spray painting to our shed) see below

Its probably really difficult to see in this photo but he sprayed in purple a line down our shed.
Its JUST about visible in this photograh..... But its weathered out since 2007 (which is a good thing)

And the last thing he was warned about for criminal damage
3) Throwing paint cans at the car.

So as I said above everything he did he admitted to (to the shock of the PSCO) and she recorded it and he recieved a formal caution.

Her advice is that if he does anything else then they will prosecute him and use these three incidents as "taken into consideration".

Obviously the construction of these posts is a new thing.

 

[prceramics]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

you are getting bullied mate pure and simple

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Yes even the PCSO said sometimes these old people use their age to get away with more than they should.

Wife just told me to go get camera - new development...

Back in a jif

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

We have new signage !!

Just appeared this afternoon (20th July 2012)

 

[Rizzle from the Portizzle]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

if your neighbours tree over hangs your garden you can cut it back but law states you must returnen the cuts. so pull out the post and leave them on his land no law broken

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Should I put this on the drive ?

Or would that now be trespass

if your neighbours tree over hangs your garden you can cut it back but law states you must returnen the cuts. so pull out the post and leave them on his land no law broken

I like the thinking. What I dont want it to end up with is being criminal damage (me!) I think with trees you have to
1) Inform them you are doing the work
2) Offer the branches back.

[h=4]Overhanging branches (Courtesy of Citizens Advice Website) [/h] If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. If this is not done, the complainant has the right to trim the tree back to the boundary line although any branches and/or fruit removed belong to the tree’s owner and should be offered back to the owner or disposed of with the owner's consent.

 

[Rizzle from the Portizzle]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

put a sigh on each of the post giving 48 hours notice that these are on private land and will be removed and disposed of if not removed

 

[poynton phil]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I should just cut the posts off at ground level, and put them on his property, and if he puts them back, then cut em off again, he as no right to put these up, unless they are on his property. Or wait till he gets up on the roof, an push the git off. Or just take somen photos, send them to the dhss, asking how a disabled man can climb onto a garage roof.

 

[macten]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Must admit I would fire up my Stihl saw and worry about any comeback later. Worth it just to film the old git go nuclear, then you can post the pics here. Would pay to see that.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I have a very short fuse with idiots like that so a stihl saw would be my first option!

Sadly the law is such that that act would be called criminal damage.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

https://www.bhs.org.uk/~/media/Main...ghts of Way/Obstruction of Rights of Way.ashx

This might be of help

 

[AliGage]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

He's already on a caution, you have a camara. Provoke him.

Someones already said, you're being bullied. I can't stand bullies. Downside, he's too old to chim him one. Provoke him to do something else and get the law back out, that'll bring him down a peg or two. Play him at his own game and wait for the fireworks.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Must admit I would fire up my Stihl saw and worry about any comeback later. Worth it just to film the old git go nuclear, then you can post the pics here. Would pay to see that.

That is criminal damage...... Whilst it is not his land the posts are his property and as such he is entirely responsible for them. If fornexample you were to remove the posts and put them on his land and he trips over them and breaks a leg he would have grounds to sue you. The law is a real *** in this respect which is the reason that the authorities always Recomend that you try and settle such a dispute amicably and sensibly. There is however your right to prosecute him nder the obstruction of rights of way act. He cold also be fond liable for a charge of criminal damage himself in the respect that he has damaged the path in order to install said bollards.

I think I would try talking to him first .... Ok in the sure knowledge that he will not listen..... Then write him a polite letter asking him to remove said obstruction and return the ground to its former state with a suggestion that if he fails to comply you will place the matter in the hands of the relevent authorities. Then speak to the council again and seek enforcement. ......... Then again I might just get a breaker and dig them out without damaging them and post them to him by recorded delivery with a note saying

I found these outside and think they might belong to you.

Best regards.....a concerned neighbour.

 

[macten]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

That is criminal damage...... Whilst it is not his land the posts are his property and as such he is entirely responsible for them. If fornexample you were to remove the posts and put them on his land and he trips over them and breaks a leg he would have grounds to sue you. The law is a real *** in this respect which is the reason that the authorities always Recomend that you try and settle such a dispute amicably and sensibly. There is however your right to prosecute him nder the obstruction of rights of way act. He cold also be fond liable for a charge of criminal damage himself in the respect that he has damaged the path in order to install said bollards.

I think I would try talking to him first .... Ok in the sure knowledge that he will not listen..... Then write him a polite letter asking him to remove said obstruction and return the ground to its former state with a suggestion that if he fails to comply you will place the matter in the hands of the relevent authorities. Then speak to the council again and seek enforcement. ......... Then again I might just get a breaker and dig them out without damaging them and post them to him by recorded delivery with a note saying

I found these outside and think they might belong to you.

Best regards.....a concerned neighbour.

I don't think I'd be too bothered about the eyes of the law if I was in this situation.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I don't think I'd be too bothered about the eyes of the law if I was in this situation.

Hmmm..... Moderators please take note..... Should we be ecnouraging or condoning law breaking how ever picky I might sound. Perhaps this thread is a little dodgy now???