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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29201
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am still awaiting the title and the plan from the land

Customer Question

Hi Joshua,
I am still awaiting the title and the plan from the land registry and will come back to you with that information as soon as I receive it.
In the meantime my other neighbour has cut my cables which were on the wall of my house.
I ignored the letter she sent me and she has admitted that she has cut them and I had enough warnings. There’s no talking with her what do ever she’s impossible.
I had no choice but to report her to the police, I didn’t want to go down this road but I’ve been left with no choice. I am wondering if you think it was also be worthwhile if I had a solicitor send a letter telling her to reinstate my Ariel cable as we can’t access tv channels as we have no signal!
What would you suggest?
Many thanks
Submitted: 13 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above. Do you know roughly how long the cables have been in situ for?

Customer: replied 12 days ago.
I have spoken to the previous owner, they replaced the wires and sky dish about 3 years ago, but the main Ariel was already there when they moved in
Expert:  Joshua replied 12 days ago.

Thank you. the starting point is that if memory serves, the wall in question constitutes your boundary wall and as such, the wires technically may overhang the neighbours property. If this is the case, then they constitute a technical trespass unless you can demonstrate a legal right to overhang the neighbours property. However, if the wires in question have been in place for 20 years or more, then they will acquire rights through prescription. This may be the case in relation to the main aerial for example.

However, irrespective of the above, this does not give the neighbours a right to damage your property and what you describe, amounts to criminal damage. I note from what you say, you have involve the police and I am not certain whether they have been supportive or not. In any event, based upon what you say, it seems to me you would have a claim against the neighbours available in relation to criminal damage is a criminal offence but also a claim for civil damages for the restoration of your television service albeit, if you are unable to evidence a legal right to overhang as above, this may need to be via a different route

Customer: replied 12 days ago.
These are the letter and photos she put in my letter box a few weeks ago the dark brick is the side of my house, the white wall is apparently hers although it juts into my house
Expert:  Joshua replied 12 days ago.

Legally it may well be that she is right as above but this not justify criminal damage and she may face the above consequences from her actions.

Customer: replied 12 days ago.
should I leave it to the police to deal with or send a solicitors letter or both
Expert:  Joshua replied 12 days ago.

This depends upon how quickly you may wish to seek financial redress. The police may pursue a criminal prosecution but they will not achieve financial redress for which you would need to issue a claim in the County Court. You may consider it pertinent to delay doing so until such time as the police have either prosecuted or declare that they will not do so, but you can pursue a civil claim for damages whether or not the police bring a prosecution:

https://www.gov.uk/make-money-claim

Customer: replied 12 days ago.
I am not interested in any financial gain I just want them to realise that they can’t walk all over me and my poorly husband just because they are so horribly vindictive and bullying us as they are friends of the neighbours who have right of way over our garden and seem to think we are responsible for not knowing the contents of our deeds like you said Joshua we have parachuted into a unwelcoming road x
Expert:  Joshua replied 12 days ago.

It is terribly unfortunate and the last thing you need

Customer: replied 12 days ago.
it’s a waste of time and money sending a solicitors letter and let the police deal with it?
Expert:  Joshua replied 12 days ago.

In terms of a civil claim it wold be a small claims court matter and so legal costs cannot be recovered. As such involving a solicitor is likely to be uneconomic.

Customer: replied 12 days ago.
Thanks Joshua for your advice I will be back in touch when I receive the documents from land registry. Had my car stolen in the night I think I’ll join the foreign legion x
Expert:  Joshua replied 12 days ago.

I don't know what to say. Perhaps you need an exorcist? By thoughts are with you

Customer: replied 12 days ago.
Good idea x
Expert:  Joshua replied 12 days ago.

All the best