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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 15737
Experience:  I have been practising for 30 years.
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Every day i have men sitting on my wall on my property

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Hi every day i have men sitting on my wall on my property talking loudly 4 hours a day. the wall is my private property at the front of my garden sometimes it can be up to 5 grown men at the same time
this is very imtimidating to us and very stressful. please advise what action can be taken please

Good afternoon. I will assist with your question - be aware this is an email not chat service.

where are these men from?

so they sit there 4 hours or more everyday?

have you approached them at all?

are you elderly or vulnerable?

Customer: replied 16 days ago.
the men are not elderly or vulnerable the men are local. my partner approached when it was one man and said what are you doing sitting on my wall as the wall is fragile but the man just looked at my partner intimidatingly and the next day there was 5 men. today there is 2 men talking very loudly so far been there for 2 hrs
Customer: replied 16 days ago.
this is every day for 2 weeks
Customer: replied 16 days ago.
is there anything to stop me using this

I can probably do no better than refer you to the 1957 and the 1984 Occupiers Liability Act.

There is a reasonable synopsis here: https://thecrimepreventionwebsite.com/garden-boundaries-fences-and-defensive-plants/614/the-uk-law-concerning-fences-walls-and-gates/

Whatever measures you have have to be visible.

I cannot guarantee that you wouldn’t end up in court with these. Unlikely, but possible.

However what you could do and people do with great effect is to put a row of bricks so as to castellate the top. That would do the job without the possibility of an injury claim. Not a very good photograph and it’s not done from bricks but this kind of thing:

https://www.google.com/search?q=castellated+wall+top&tbm=isch&ved=2ahUKEwiB_bqRp8XpAhUCNxoKHXohClAQ2-cCegQIABAA&oq=castellated+wall+top&gs_lcp=CgNpbWcQAzoECCMQJzoECAAQQzoCCAA6BggAEAgQHjoECAAQGDoECAAQHlC5iAJYwa8CYIS6AmgAcAB4AIABoQKIAZ0RkgEGMTIuNy4xmAEAoAEBqgELZ3dzLXdpei1pbWc&sclient=img&ei=1qLGXoG6A4LuaPrCqIAF&bih=937&biw=1920#imgrc=QJ2gGC2cTaaBvM

A row of dry stonewall stones (with mortar) would do the job.

You could use anticlimb/vandal paint but I think you are going to be at risk of a claim for it getting onto people’s clothes.

You cannot course apply to court for an injunction against persons unknown and if they were to sit on the wall, you could call the police you would need signage telling them of the risk. Not particularly practical.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

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

Best wishes.

FES

Customer: replied 15 days ago.
ive since put a sign up saying private property fragile wall please do not sit on wall. what can i do if they continue to sit on the wall with the signs there thanks

The sign is of little if any value.

You may have seen the sign “trespassers will be prosecuted”. No they won’t! Trespass is not a criminal offence and therefore you cannot prosecute it.

All your sign does is confirm that it’s a private wall.

If people ultimately continue to sit on it your only remedy is an application to court for an injunction to prevent them carrying on. If you don’t know the name and address of the people it would be an application against persons unknown.

If they sit on the wall, you can waive the injunction in front of them and if they then don’t move, call the police.

F E Smith and other Law Specialists are ready to help you
Customer: replied 14 days ago.
is that a easy process to do and is it costly thank you
Customer: replied 14 days ago.
it would also be for public nuisance

The court cost is GBP308 if you DIY.

Court form N16A and a witness statement in this format:

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Your claim is in trespass and common-law nuisance. Although this is definitely a trespass claim, the nuisance claim is a little weak but there’s no reason not to stick it in.

Customer: replied 9 days ago.
Hi if I make a claim for trespass and have a injunction would that injunction also apply to any newcomers after I have the injunction and is it legal for me to take pictures of them on my property thank you

An injunction is usually personal but if a successor started to trespass and you waved the previous injunction paper in front of them and ask them whether they wanted to be on the receiving end of a similar application, any prudent successor would walk backwards-quickly!

You could ask the court to award an injunction against the culprits “and successors in title” and it would be up to the judge to decide whether that was appropriate or not.