Criminal Damage?

Criminal Damage?

Postby Maureen » Wed Aug 10, 2011 12:37 pm

We have a boundary hedge beside an alleyway used by some vehicles. for sometime a particular neighbour with no access has been driving a large van down the alley and systematically damaging our hedge leaving large holes in it. She has her own access which is currently blocked. Can she be made to clear her own access and can she be sued for criminal damage. We have tried speaking to her but she is totally unreasonable. We have loads of evidence on camera of her driving into the hedge.
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Re: Criminal Damage?

Postby despair » Wed Aug 10, 2011 12:55 pm

Does she have a right to drive down the alley ?

Does your hedge trespass the boundary ?

I guess you could install solid steel poles ...........they would damage her van if she continues her antics
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Re: Criminal Damage?

Postby Treeman » Wed Aug 10, 2011 1:44 pm

despair wrote:Does she have a right to drive down the alley ?

Does your hedge trespass the boundary ?

I guess you could install solid steel poles ...........they would damage her van if she continues her antics



:roll: :roll: :roll: :roll:
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Re: Criminal Damage?

Postby Maureen » Wed Aug 10, 2011 1:58 pm

No she does not have the right to pass and repass our property but seems scared to clear her access as another neighbour has allowed his hedge to overgrow it.
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Re: Criminal Damage?

Postby despair » Wed Aug 10, 2011 3:17 pm

LOL...........she can wreck your hedge but wont cut back a hedge trespassing her own entrance

Boulders /large lumps of tree trunk
steel poles whatever it needs to prevent her from wrecking your hedge seems only answer
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Re: Criminal Damage?

Postby Mattylad » Wed Aug 10, 2011 6:44 pm

That's scaffolding set in concrete.

However it may also cause damage to the other vehicles so beware.

How many others use it?
Who owns the alley?
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Re: Criminal Damage?

Postby Maureen » Thu Aug 11, 2011 8:52 am

The alleys are from 1930 but the land beside our house is registered to our address and is our right of way with one other having access. We have tried to stop others using it as they all have two other accesses of their own but as I said one of these access is totally overgrown. We receive our full deeds in October so maybe there will be something there. The children of the previous owner who had lived in the house from new, said their father had trouble too.Solicitors are so expensive and we are both retired.
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Re: Criminal Damage?

Postby despair » Thu Aug 11, 2011 11:28 am

Are you darn sure you do not have Legal Expenses Cover on your House Insurance or credit cards
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Re: Criminal Damage?

Postby Mattylad » Thu Aug 11, 2011 6:55 pm

Maureen.
Rather than "is registered to your address" can you answer with a simple yes or no.

Do you own the land the alley is on?
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Re: Criminal Damage?

Postby arborlad » Thu Aug 11, 2011 8:34 pm

Maureen wrote:...........for sometime a particular neighbour with no access.


Can you be certain of that?

Once she has travelled along the alleyway, does she arrive at her own property?
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smile...it confuses people
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Re: Criminal Damage?

Postby Sudynim » Fri Aug 19, 2011 10:38 pm

Mattylad wrote:Maureen.
Rather than "is registered to your address" can you answer with a simple yes or no.

Do you own the land the alley is on?

The critical question.
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Re: Criminal Damage?

Postby Sudynim » Mon Aug 29, 2011 12:10 am

Sudynim wrote:
Mattylad wrote:Maureen.
Rather than "is registered to your address" can you answer with a simple yes or no.

Do you own the land the alley is on?

The critical question.

Hanging unanswered....
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Re: Criminal Damage?

Postby arborlad » Mon Aug 29, 2011 9:24 am

Sudynim wrote:
Sudynim wrote:
Mattylad wrote:Maureen.
Rather than "is registered to your address" can you answer with a simple yes or no.

Do you own the land the alley is on?

The critical question.

Hanging unanswered....


Probably too busy defending a claim of CRIMINAL DAMAGE brought against her, after this advice was followed: I guess you could install solid steel poles ...........they would damage her van if she continues her antics
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smile...it confuses people
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Re: Criminal Damage?

Postby despair » Mon Aug 29, 2011 10:44 am

Proving any obstacles in the way of steel poles/concrete posts etc are definitely the OPs side of the boundary the errant neighbour insisting on driving a large van down the alleyway wrecking the OPs hedge the OP cannot be charged with criminal damage

After all the OP could have a fence the length of the alleyway would the errant neighbour think it was OK to damage that
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Re: Criminal Damage?

Postby WILL*REMAIN*STRONG » Mon Aug 29, 2011 11:23 am

Maureen wrote:We receive our full deeds in October so maybe there will be something there. The children of the previous owner who had lived in the house from new, said their father had trouble too.Solicitors are so expensive and we are both retired.


Once you have your deeds you can go from there. Solicitors are expensive, but you can usually get a free 15-20 minutes with one. That might be enough to give you an idea of what you are facing.

Can the hedge be replaced for a fence? Drivers won't be so keen to drive in to concrete posts, it hurts cars. :wink:
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