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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26406
Experience:  Senior Partner at Berkson Wallace
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OF TERRACE WITH GATE TO ADJOINING PROPERTY TO MY LEFT. THE

Customer Question

I AM END OF TERRACE WITH GATE TO ADJOINING PROPERTY TO MY LEFT . THE NEIGHBOURS SAY THHEY CAN COME INTO MY GARDEN ANYTIME THE LIKE THER KIDS INCLUDED I CANT STOP THEM, TO RETREIVE ANY TOYS ,BALLS ETC THEY KICK /THROW INTO MY GARDEN . THEY ALSO HAVE REMOVED FENCE ACCES FROM THEM TO THEIR NEIGHBOURS SO THYE ALL TRY TO GET ACCESS TO MY PROPERTY . WHERE DO I STAND? PRIVACY ETC. THEY ARE ABUSAIVE AND SWEAR ABUSIVE LANGUAGE TO MYSELF AND MY HUSBAND
JA: Where are you? It matters because laws vary by location.
Customer: WEST MIDLANDS TIPTON
JA: What steps have you taken so far?
Customer: THEY ARE SMASHING BALL AGAINST FEN CES CONSTANTLY TOO AND HAVE ASKED THEM POLITELY TO STOP, AS THEY BROKE THE PREVIOPUS FENCES WE REPLACED THEM AND THEY REFUSED TO CONTRIBUTE AS THEY ARE COUNCIL TENANTS
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I HAVE REQUESTED SEVERAL TIMES NOT TO INTO MY GARDEN AS WHEN HOME WOUL.LD BE GOOD MANNERS TO ASK PERMISSION NOT JUST COME INTO GARDEN WHEN THEY WANT
Submitted: 8 days ago.
Category: Law
Expert:  Stuart J replied 8 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 8 days ago.

How long have these neighbours been there?

and have you made any complaints to council?

Customer: replied 8 days ago.
we have been there 7 years
they have been there long before , previous owner boarded up the gate as was a adispute between them
we took it down when bought house . gave neighboiur a key to outer side gate too. he lost key and broke gate when we were away and didint put back on hinges properly few years ago we have since replaced gate . but the mother and children they can come and go as they please into our garden and shout that at us over the fence when kids play in the garden .
no never complained asked council for donation to gate and fences that were replaced re damaged , nothing ever cam from it
Customer: replied 8 days ago.
all I want to know is what are my rights and what are reasons they can enter my garden ? legally
Customer: replied 8 days ago.
am I going to get an answer or is this a rip off for money ? just need to know . im desperate to resolve this for peace of mind
Expert:  Stuart J replied 8 days ago.

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with. Sometimes we will get back to you in minutes, other times it will be longer.

Expert:  Stuart J replied 8 days ago.

The only time the neighbours can come into your garden as if they have right of way through it which is recorded in your deeds or they have done it for over 20 years and they have acquired an easement under the Prescription Act.

Having said that, even if they have a right of way, they cannot cause nuisance.

They cannot be compelled to have a fence and if they have removed their’s you are quite at liberty to put your own up.

The ball being kicked against the fence constantly is common law nuisance because it is, on an ordinary English dictionary definition of the word “nuisance” and if they are doing this on purpose then it’s harassment. That also applies to the abusive language.

As you are aware, you are being harassed.

Harassment is defined as a course of action (more than once) which is intended to harass, does harass, is reckless as to whether it harasses, or if the average bystander would look at the conduct and think that it was indeed harassment.

Harassment is both a civil matter and a criminal matter.

If a person is being harassed, they can go to the police and ask them to warn the alleged culprit under the Protection from Harassment Act. Some police forces take harassment very seriously and others not so and therefore, the person who is being allegedly harassed may need to speak to a senior officer or put a complaint in writing to the Chief Constable.

You can also make an application to court, the local County Court, for an injunction to stop the person coming within 100 m of you or contacting you either directly or through 1/3 party although if the couple lived together whether as partners or just living in the same house, the distance constraint would be a lot lower.

Breaching such an order/injunction is contempt of court and is an arrestable offence which is actually more serious, breaching the order, than the original harassment offence.

If you want to apply for a civil injunction, we can tell you exactly what to put on the form, which form, the wording, et cetera et cetera. There is an extra fee for that guidance which I can provide for you as an additional service. It’s optional extra. It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

The potential problem for you is that a solicitors letter and opening the file et cetera et cetera is probably going to cost GBP250 to start whereas the injunction application is only GBP255.

The full list of court fees are here:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees. Details are here:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

If this is your fence then you have a claim against them in negligence although if they broke it deliberately it’s a matter for the police = criminal damage.

You might want to complain to the Housing Department at the local authority that they are antisocial because the local authority ultimately have the power to evict them for antisocial behaviour.

Customer: replied 8 days ago.
do I get an answer on here for money I have paid or is it jus t scam for the £5?
i do not give permission for anymore money to be taken
Expert:  Stuart J replied 8 days ago.

You got a very large answer above

Customer: replied 8 days ago.
thank you for your advice
Expert:  Stuart J replied 8 days ago.

It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. Can I help you any further with this? I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Expert:  Stuart J replied 8 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart

Customer: replied 8 days ago.
thank you
Expert:  Stuart J replied 8 days ago.

Thank you for letting me know.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart