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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Sorry, I got disconnected, this morning.I am a female OAP,

Customer Question

Sorry, I got disconnected, this morning.
I am a female OAP, living alone, who is suffering harassment from my next door neighbour. I have been verbally abused and he has made threats against my person and property. My window was, also, smashed but, unfortunately, I have no proof that he was responsible
On two occasions police have been involved. He has, also, trespassed on my property and caused damage. Because of fears for my security I had CCTV installed. Recent footage shows this man climbing on my fence
Do I have a case to obtain an injunction against him?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you reported any of this to the police?
Customer: replied 2 years ago.

Yes. I went to my local police station to report the threats and abuse. They came on one occasion after altercation with neighbour when he damaged my property. Also, came when window was broken but, unable to do anything as no evidence of who was responsible.

There are three crime reference numbers relating to these incidents

Expert:  Jo C. replied 2 years ago.
But didn't you give evidence that he was responsible?
Customer: replied 2 years ago.

From the information I provided you with do I have a case to apply for injuction?

Expert:  Jo C. replied 2 years ago.
It depends.
Did you give evidence that he was responsible?
Customer: replied 2 years ago.

Evidence of what?

Expert:  Jo C. replied 2 years ago.
to the police?
Did you say that you know he was the person responsible ?
Customer: replied 2 years ago.

In regard to the broken window I did not see who threw the stone. Police attended the following day and spoke to the neighbours and do not know who the culprit was.

Expert:  Jo C. replied 2 years ago.
Ok. That is the issue then. It is not that you were disbelieved but just that you could tell who was responsible.
If you do have CCTV footage that clearly identifies him climbing over a fence onto your property then there should be no reason that an injunction preventing him from entering your property would not be granted. He has no reason to be there I presume?
You do have to show that he is likely to enter but if he is climbing over fences then that is a fairly strong indication.
The only thing to consider is that injunction orders do tend to antagonise but if relationships have soured anyway then it might be the only option.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I had the wooden fence erected on my side of the boundary so it is on my property.

What can be done next in order to obtain an injunction?

Expert:  Jo C. replied 2 years ago.
Why is he climbing over it?
Customer: replied 2 years ago.

He is not climbing over it, he is climbing on the fence and the roof of my shed to gain access to the roof of his outbuilding/extension.

Expert:  Jo C. replied 2 years ago.
That is different. Why does he need to do that?
Customer: replied 2 years ago.

He does not need to do that. He can access the roof of his extension from his property. He is tresspassing on my property.

Expert:  Jo C. replied 2 years ago.
Ok.
But what is doing on the roof?
If it is legitimate work then why do you object?
Customer: replied 2 years ago.

He never seeked my permission.

He is simply tresspassing on my property.

Expert:  Jo C. replied 2 years ago.
Yes, but would you withhold permission ?
For what reason?
What mischief is he doing?
The fact that he is there alone is not enough to bring an action in trespass.
Customer: replied 2 years ago.

It is not just about tresspass but fear of my safety because he made many threats against me. I just do not want him to come near me nor my property.

Expert:  Jo C. replied 2 years ago.
Is he doing legitimate work on his roof?
Customer: replied 2 years ago.

What would you define as legitimate?

This is an outbuilding. He does not need to come onto my property. He can maintain it from his land. He is tresspassing on my property and made several threats against my person and property. There is nothing legitimate about this at all. I am concerned for my safety from this man.

I would like to obtain an injunction and would like to know what is the next step?

Expert:  Jo C. replied 2 years ago.
To be wholly honest, I think you might be in difficulty.
It depends what he is doing. If he is doing work and he is saying that he cannot access it save from your land then he can get an injunction forcing you to allow him access.
Even if he is not, you could seek an injunction but it is going to be a lot stronger if you can satisfy the court he has no good reason to be there.
If he is just accessing his own roof probably because it is easier then a court might not be sympathetic.
Customer: replied 2 years ago.

Hi Jo,

This extension was built without planning permission. He has no regard for the law.

He does not live on the premises and visits on a regular basis.

He can access the roof of the extension from the other side of it as he has more space.

Some of the people who were renting his property carried out some work on the roof of the extension without walking on my fence.

Therefore, there is no need for him to climb on my shed and walk on my fence as he could do the work on the roof of his extension from his own property.

Expert:  Jo C. replied 2 years ago.
No, I understand but if he is doing work on his own property then what would be the objection?
Is he causing damage?
Customer: replied 2 years ago.

I do not understand your response "No".

The fence is made of narrow thin planks of timber and one of them is already broken. Ofcourse he would cause damage by continuously walking on the shed and fence which are not made to withstand the weight of a man walking on them.

He built this extension on the majority of his rear his garden without taking into consideration that he has to maintain.

Expert:  Jo C. replied 2 years ago.
Has he caused any damage?
Customer: replied 2 years ago.

I asked you what do you mean by "No"? You have not answered.

The panels of wood have weakend and that could collapse at any time.

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I am not satisfied with the answers to the questions I asked and would like a refund. Would you please let me know how to do this?