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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Please can you help me is it an offence for a someone to dump

Resolved Question:

Please can you help me is it an offence for a someone to dump animal waste onto private land?
To clarify is it an offence "If a person is caught on CCTV throwing animal waste, over a private garden fence onto private land"
Kind Regards
Rebecca
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Specially no.
Alex Watts : But this could be criminal damage if it damages something or civil trespass
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : Of course it is a civil matter under nuisance too
Customer: Yes, we have been through a boundary dispute over land, we went through the RICS process and won the case, we have been supplied with a plan which is final and legal. The neighbour in question still disputes the decision even though it was all recorded with solicitors and the document is final. I have reported her to the police and have CCTV evidence, they have said this is not an offence, but what I don't understand is why there is a law regarding picking up dog fowl but someone is allowed to throw animal waste onto private property?
Customer: So if there is no law does that just mean you can throw animal waste onto someone's garden without consequence?
Alex Watts : No, it calls nuisance. This is a civil matter not Crimnal.
Alex Watts : You can seek an injunction to stop this,
Alex Watts : You would need to complete forms N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : and N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The matter would be listed at court and a judge will decide whether to make an injunction order or set the matter down for a final hearing.
Alex Watts : If the injunction is broken then the person will be in contempt of court.
Alex Watts : They can be warned, fined or sent to prison.
Alex Watts : But it's a civil matter rather than criminal
Alex Watts : Can I clarify anything for you ?
Customer: If someone passes onto my land and commits damage and again on CCTV is this criminal?
Alex Watts : Damage yes, it is criminal damage - please see my response earlier.
Customer: also if someone causes damage from the other side of the boundary but I have CCTV evidence of damage is this criminal? I have had this neighbour remove a tree before the decision, but want to be clear on my rights.
Alex Watts : Yes even if it's from the other side of the boundary and causes damage, it is still criminal damage
Customer: Also I have access over the property next to mine which allows me to pass freely, the neighbour again placed animal waste in front on that access, obviously this is their property by put we have the right to pass freely... How many incidents would I need for an injunction to be upheld. Also if they continually block the access or make it difficult to drive out freely, do I again need to follow the same procedure?
Alex Watts : Yes.
Alex Watts : You only need less than 10
Alex Watts : All you need to show it is nuisance.
Alex Watts : Does that help?
Customer: yes that does thank you. If I was to peruse this would I need legal representation to secure submission of documents
Alex Watts : Yes that would help having legal representation.
Alex Watts : If this answers your question might I invite you to rate my answer today.
Alex Watts : If you need more help or the system won't allow you to rate please click reply
Customer: yes thank you
Alex Watts : Thanks
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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