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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought my property in July 2012 and moved in Sept 2013 !

Resolved Question:

I bought my property in July 2012 and moved in Sept 2013 ! I was aware before my family moved in that a neighbour one one side had entered our property and put up a concrete support post without the courtesy of asking verbally or in writing ( we were constantly around doing work to the property). The man started making intrusive remarks to my wife ( not sexual) when she was alone at the premises but as he was circa 70yrs she did not retaliate. Once we moved in he fairly quickly put up a full length of fence AGAIN without any verbal or written notification with concrete posts TWICE the diameter of the normal original posts which pushed the border over to our side ! Since this incident the neighbour and his wife have done everything to try to cause upset to my family( too much to write here) but he has called the police and tried to make out WE are the problem NOT him . It's unbelievable ! Do you think we should get a solicitor to put an end to this one-sided ''vendetta'' scenario ?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask are you seeking to have the fence posts removed at this stage or just address the harassment or both please?
Customer: replied 1 year ago.

Both , but the harrasment is the most urgent as the neighbour is trying everything to try to involve the police ( I'm amazed our local police have the time for it all )

Expert:  Joshua replied 1 year ago.

Thank you. You can pursue the matter as harrassment with the police. Such threats and behavour amount to offences under among other things the Protection from Harassment Act 1997 and the Offences Against the Person Act 1861 and there is no need for actual violence to be used for an offence to be committed. All that is required is behaviour that causes alarm or distress or that the offender ought to know would cause the same. However you can also pursue the matter under civil law.

Before taking action under civil law, you would first need to consider serving the neighbour with a cease and desist letter including some of the details of behaviour you consier to be harrasssment including where you know them dates and times and advise that you seek an undertaking from him to cease and desist his behavior within 7 days which behaviour is an offence and actionable under the Protection From Harrasssment Act. If he ignores you or does not give you the undertakings or commits further offences then you will need to consider applying for an injunction

This is a court order ordering your neighbour to stop harassing and not to approach your property or have direct contact with you as appropriate. The issue here is that you would need evidence of his behaviour. Consider preparing a a clear paper trail which demonstrates that you have raised complaints with the police and neighbour and keep a log of any events past and present with dates times and descriptions and report the same to the police. If any other neighbours are prepared to provide evidence this would assist further.

Once and if you have sufficient evidence to proceed you can apply on form N16A.

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

if you do not think you have sufficient evidence to show on the balance of probability that you are being harassed you may consider installing CCTV cameras which will record any further incidents with or without sound. Such cameras can be obtained very cheaply these days and can be fairly easy to install. This will also hopefully deter the neighbour from taking overt action towards you. Ensure that if you do decide to install them you do not direct the cameras into any aindows in your neighbours property, particularly Windows like bedrooms bathrooms or you may exacerbate the problem but that the cameras cover your property in the areas likely to cover problem "events"


If you believe the sellers of the property experience previous problems with a neighbour and did not declare those issues in response to the question asked on the property information form, you may be able to sue the previous previous sellers for misrepresentation.

In respect of the fence posts, if you can demonstrate these are located on your land, this would amount to a trespass and you can require the neighbour to remove the same or seek a court order as part of the above application to have them removed and any damage made good.

Can I help you with anything else or has the above answered your questions satisfactorily?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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