How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25961
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Dear Sirs We are in dispute with our neighbour (Mr F) of

Resolved Question:

Dear Sirs
We are in dispute with our neighbour (Mr F) of 2 years, who alleges that we have "stolen" a 2 foot wide strip of land running the full length of his property. Despite word from our local PC that Mr F claims to have appointed a Solicitor in January 2015, to date we have received no correspondence from one.
We have owned our property for 13 years, the Title Plan for our property tallies with features on site and we have documentation, photographs and statements from the previous owners of both our property and our neighbours stating that the boundaries have not moved in over 30 years, since they purchased the properties.
Fed up with Mr F parking his van over our boundary between the adjoining driveways (demarked by a line of 2 inch square sockets (on our land) in the concrete from where a previous fence was damaged by a reversing car and removed some 20 years ago) and obstructing our access we contacted the local Police who informed us that they had no powers in this regard. We were however interestingly advised not to approach/confront Mr F about the issue. Taking matters into our own hands we erected a basic timber fence utilising the existing post sockets (so as not to destroy any evidence of past/established) in the hope of discouraging Mr F's behaviour.
Well, the fence remained standing for all of 4 hours until our Mr F returned home and smashed it to pieces and parked his van over the boundary once more. The police were prepared to act on this incident and after 2 months issued Mr F with a Conditional Caution giving him 6 months to comply with the conditions or face prosecution for the criminal damage.
Frustratingly Mr F continues to walk and drive across our property and we have been advised by the local Police not to re-erect the fence as this could be interpreted as intimidation/harassment by Mr F for which we may be prosecuted.
What mixed up world do we live in where the innocent and victims of crime are force to suffer and endure whilst those responsible for the wrongs seem to be able to get away with such behaviour, seemingly protected by the law.
Anyway, to my questions. Are we able to re-erect the fence without being prosecuted? Can we take out an injunction to prevent Mr F from setting foot or wheel on our property?
Your faithfully
Mr B
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years 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 what conditions your neighbour was required to comply with and whether he has yet done so please?
Customer: replied 2 years ago.

Dear *****

We were asked by the Police to obtain a quotation to replace the fence that Mr F destroyed which came in at £250 + VAT. The Police said that this was too higher sum for them to insist on as part of a conditional caution saying that they would only be prepared to request £100 as the fence was only a simple post and single rail type and I had erected the fence myself so had not incurred any costs for labour. They said that if I did not accept this then they would only be prepared to issue a "Standard Caution". I suggested that the £100 would be acceptable so long as Mr F also took on the task of removing the snapped off timber from the 4 no.post holes. This was agreed upon and Mr F accepted the Conditional Caution on 15 February 2015 having 6 months to comply. He happily told the PC that he would have it sorted within 2 weeks but to date has done nothing but further antagonize us by walking and driving across our property. My suggestion to the Police that a further condition should be that Mr F was not to set foot or wheel on our property was refused and all because in the background there is an alleged boundary dispute.

Regards.

Mr B

Expert:  Joshua replied 2 years ago.
Thank you. How long is remains for him to comply?
Customer: replied 2 years ago.

Mr F accepted the Conditional Caution on 15 February 2015 having 6 months to comply.

He therefore has until 15 August 2015 (4 months) to comply.

Expert:  Joshua replied 2 years ago.
Thanks. There are two principal approaches you can take. The first is to allow the police caution to run its course which obviously means waiting some considerable further months before the police may take any further action. The alternative would be to seek a declaration from the court and an injunction against your neighbour prohibiting him from continuing to park on your drive or interfere with your land. if injunction is granted, and a neighbour ignores the same, this amounts to contempt of court and can lead to custody.If you decide to apply for an injunction, you need evidence of your neighbours actions which in in large part be satisfied by photographs and the police report together with your own statement. It will also be helpful if you prepare to log of the dates and times of incidents that have occurred.The police are not competent to advise upon your rights under the law however if the land is in dispute by a neighbour, you may be required to move the same in due course should the dispute be formally raised and going the neighbour's favour though this seems questionable at best. In addition though, if the police have advised that they may consider erecting a fence to be harassment, it may be wise not to not erect the fence without a court order or other than in breach of the above please conditions because it would be unhelpful to find yourself subject to a police prosecution that the chances of success of such a prosecution in the circumstances would not seem high.to apply for a court order and injunction you can use the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402On a practical note, given how cheaply cameras can be purchased these days, you may wish to consider installing a small inexpensive CCTV camera to cover the area going forward in order that you can record evidence of any further issues that may occur. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua and other Law Specialists are ready to help you