Legal Question in Civil Litigation in United Kingdom
fencing
My next door neighbour has removed and replaced fencing at the rear of the property whilst I was at work.This fencing was originally paid for by my mother in law some years ago.
My husband has spoken to the neighbour and mentioned that courtesy and manners would have been nice to consult and discuss this with us.We have asked the neighbour to reinstate our original fence and posts etc to its original state and given her 7 days to sort it out.The neighbour was very smug and made a quite inappropriate comment.
What can we do next?
(This year our neighbour has constantly watched our children and their friends play in our garden from her patio doors and kitchen door.She has virtually every time they have played told them off but singled my daughter out for an extra telling off.We have had approx 3 or 4 discussions with the neighbour when we have heard her tell the children off.She has tried to intimidate my daughter whilst I've been discussing issues with her and when she has been with her friends,my daughter has been reduced to tears on several occasions and has been the subject of her comments).Our neighbour has stated that she will get legal advice on this matter.
1 Answer from Attorneys
Re: fencing
this really does seem like a clear case of trespass, if not theft, of your fence by your neighbour. It would not seem that she could have any conceivable defence to a claim by you for the cost of reinstating the fence. There would also seem little prospect of her doing this voluntarily. In these circumstances therefore I can only advise that you issue proceedings in your local County Court for the reinstatement cost and any ancillary expenses.
What is not so straightforward is the position regarding your children. This could well be harassment where a remedy would lie under the Protection from Harassment Act 1999. I find what she is doing as particularly worrying and feel that action should be taken either under the above Act or for a common law injunction if a less formal approach by you, the police, or social services has no effect.
If I can assist further with either matter, please let me know.
Andrew Dutton
legal-zone.co.uk
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