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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had several years of abusive behaviour and harrasment

Resolved Question:

I have had several years of abusive behaviour and harrasment from a neighbour. Over the past 3 years they have taken to damaging and killing mature trees 2 meters inside the boundary and spraying chemicals or week killer over the fence killing plants, rises, lawn and other newly planted trees. Contact with the local police safer neighbourhood team has been made on several occasions all with little help forthcoming other than an officer speaking to them, none of the damage has been replaced now amounting to several hundreds of pounds and basically the police are unhelpful. Furthermore CCTV cameras have been positioned to view us when in the garden, again reported 2 weeks ago and still awaiting action to speak to the neighbour by the police. What can I legally do without police action or support. Very frustrating!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you keep a diary or can you evidence the historic harassment please?

Customer: Hi Alex, a basic diary of some of the events over the years was recorded, many of the instances re damage to the garden occur while we are at work or on holiday, and has changed over the years, initially much of what they did I ignored. I refuse to get confrontational or even try to engage with the neighbour now. we unfortunately have a frustrating response from local police who seem confused as to what we want from them at times, the damage seems to be irrelevant and action from then involves speaking only re the CCTV on this occasion. I also have cctv but it's not captured anything being sprayed over the fence. We just seem at a loss as to which direction would be the best to turn re resolving and stopping the damage and harassing behaviour, it's all pretty senseless and may appear petty but various things have been happening for the past 15 years, the latest being the damage and CCTV. Don't misunderstand, it's not continual, perhaps a year will pass after the police attend and then as now something again happens, no provocation or contact with them prior to this latest event, I just appreciate any advice and guidance . Lee
Alex Watts :

Ok - you have a number of options

Alex Watts :

1) You can report this to the Police and see if they will warn and then prosecute. This is a free option for you

Alex Watts :

2) Civil injunction

Alex Watts :

You have an option to get a Solicitor to write and warn him, or you can just go straight for an injunction

Alex Watts :

You would need to complete forms N!

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng

Alex Watts :

The matter would be listed at Court for an initial hearing where the Judge will see whether the matter is contested.

Alex Watts :

If the matter is not contested the Judge can make a final injunction. If the matter is contested then the Judge will decide whether to make an interim order.

Alex Watts :

The Judge can order that you are not contacted in any way directly or indirectly.

Alex Watts :

If the neighbour breaches the injunction before it runs out this is contempt of Court and he can be warned, fined or sent to prison

Alex Watts :

If you have a catalogue of events this is called a Scott schedule and you dont have to prove all incidents, you only need 2 in order to secure an injunction

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Hi alex
Alex Watts :

Hello

Customer: Hi Alex , many thanks, ***** ***** sure can appreciate capturing some evidence on my cctv is problematic due to the way get are spraying the plants, like trying to catch a rain drop on video before it hits the floor you could say! The only evidence is the visible damage caused but the police tell me this isn't sufficient as I can't prove who did the deed? Again previously the police had said one more occurrence and they could possibly take action, this now appears not to be the case? Differing advice from the police re how to contact them and report the incidents may have led to some reports not being recorded as an incident although I still have the email threads. Obviously positioning ant of my cameras toward their garden is unacceptable and as they are doing an invasion of our privacy, they know this. Interesting options as the confrontation could be detrimental to my own professional registration as a Paramedic again they have videoed me while off work cutting my grass on sick leave threatening to report me for fraud with my employer after some surgery I'd had.
Alex Watts :

You can keep a diary that is fine. That is good evidence.

Alex Watts :

Does that help?

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