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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69771
Experience:  Over 5 years in practice.
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Can my neighbour put up an infra red bird scarer and point

Resolved Question:

Can my neighbour put up an infra red bird scarer and point it at my garden
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think he shouldn't ?
What is your concern?
Customer: replied 2 years ago.

Having put up bird scarer, I have no birds coming into my garden.

Expert:  Remus2004 replied 2 years ago.
I see.
If it is on his property then the starting point is that he can do this.
You could potentially argue that this amounts to nuisance. Its a difficult point really because the action he has actually taken is unlikely to amount to nuisance per se but since it is so easy for him to turn this device around to point in the other direction both the Council and ultimately a court may well take the view that he is being unreasonable if he refuses.
You can always complain to the Council although they may well say its not their remit. Also, if you own the property then you would have to disclose any dispute of this nature at the time of any sale.
You could consider a solicitor's letter though. That would cost up to £100 plus VAT and may well achieve the result you want which is ultimately just that he points it away from your garden.
Failing that you would have to seek an injunction but there would be cost in that.
Can I clarify anything for you?
Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69771
Experience: Over 5 years in practice.
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