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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10817
Experience:  I have been practising for 30 years.
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I have asked my neighbour a number of times to change the

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I have asked my neighbour a number of times to change the hanging wall bracket for hanging basket that was on my wall and sticking into my garden and me and my son kept tripping over it and a couple of times landing on our faces on bracket so I removed it with it breaking and making it more dangerous for us and she refused to move and said she was going to fix a stronger fence to the bracket and my wall and have I broke the law.

Hello - for clarification - Your neighbour has hung her hanging basket on your wall is this correct?

what are you tripping over?

Customer: replied 3 months ago.
the full hanging basket bracket
Customer: replied 3 months ago.
Cant update card

Thank you. I’m not quite certain how you trip over a hanging wall bracket or how it sticks into your garden. Are you able to attach a photograph or sketch please or preferably both? Explanatory notes to them would be useful. Thank you

Customer: replied 3 months ago.
its a small garden wall and the hanging basket bracket is facing into the garden with the bit you hang your basket stticking into gaden and its fixed to wall then her fence.xxx

If you have committed a criminal offence, then so has your neighbour. As it happens, there is no criminal offence here.

There is a civil issue but not criminal.

She commits the common law tort of trespass by having her bracket overhanging the boundary.

You commit the common law tort of trespass by leaning over the boundary and removing it.

If you break the bracket deliberately, there is a criminal issue which is criminal damage although if you accidentally damaged it removing it, it is unlikely the police would be interested.

If you trip over the bracket and you injure yourself for whatever reason (I cannot see why you would trip over it if it’s a hanging basket bracket but I can see why you may bump into it) then you have a claim against the neighbour in negligence.

Check your house insurance to see if you have legal expenses cover that would pay for the cost of any dispute.

If not, you cannot beat each other with blunt instruments until such time as the matter resolves itself and you would both be faced with the court action if you cannot resolve it between you.

The bracket simply hangs over the boundary, the neighbour would be absolutely stupid to go to court on this and you may find that an initial solicitors letter from a local solicitor avoids all that need.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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