Criminal Damage?

Re: Criminal Damage?

Postby arborlad » Mon Aug 29, 2011 11:39 am

despair wrote: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


I have now read the above post four times and it makes no more sense than it did the first time :roll:

If you were to put as much effort into composing a post, others wouldn't have to expend so much wasted energy in trying to decipher your nonsense :roll:

Inciting someone to commit a CRIMINAL ACT is not a good idea :roll:
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Criminal Damage?

Postby despair » Mon Aug 29, 2011 12:31 pm

I am not inciting anyone to commit a criminal act

The neighbour is causing criminal damage day after day on the OPs hedge

So why can the OP not install a fence or poles or concrete posts within their own boundary ,...........what on earth is criminal about the OP prortecting their property
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: Criminal Damage?

Postby Sudynim » Mon Aug 29, 2011 5:01 pm

arborlad wrote:
despair wrote: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

Inciting someone to commit a CRIMINAL ACT is not a good idea

There is nothing inherently unlawful about erecting bollards or barriers to protect your land. If a court could be persuaded beyond reasonable doubt that the posts were concealed as a trap with the intention that they would cause damage to an unsuspecting vehicle, then it might be made out as Criminal Damage. But this can be resolved by marking the posts with stripy tape or erecting a warning notice.
Sudynim
 
Posts: 2242
Joined: Mon Dec 21, 2009 7:31 pm

Re: Criminal Damage?

Postby WILL*REMAIN*STRONG » Mon Aug 29, 2011 5:13 pm

If you wrapped the hedge in barbed wire, you could be seen to be intentionally damaging vehicles. Posts are obvious and a driver shouldn't be brushing past things as they drive. One or two mistakes perhaps, but they should learn to navigate around something they know is there.

You should rightfully protect your hedge if it is on your land, do this by putting obvious obstacles in front of it to be avoided.
User avatar
WILL*REMAIN*STRONG
 
Posts: 6214
Joined: Wed Apr 25, 2007 3:16 pm
Location: Home Sweet Home

Re: Criminal Damage?

Postby Treeman » Mon Aug 29, 2011 5:54 pm

Ok so the vehicle is touching the hedge when going down the alley, unless we are to assume the vehicle is “off roading” in a deliberate attempt to damage the hedge it is reasonable to assume that the hedge is impeding the progress of ANY high vehicle with a ROW.

Putting obstacles in the hedge will damage any vehicle including those with a perfect right to be there.


At the very least I would say the OP needs to check that their hedge isn’t overgrown and obstructing a ROW and definately NOT follow hinkey advice about man traps
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Criminal Damage?

Postby WILL*REMAIN*STRONG » Mon Aug 29, 2011 6:06 pm

There is only one answer really, a very large venus fly trap hedge, like in 'the little shop of horrors' :lol:
User avatar
WILL*REMAIN*STRONG
 
Posts: 6214
Joined: Wed Apr 25, 2007 3:16 pm
Location: Home Sweet Home

Re: Criminal Damage?

Postby Sudynim » Sat Sep 03, 2011 12:20 am

Treeman wrote:Ok so the vehicle is touching the hedge when going down the alley, unless we are to assume the vehicle is “off roading” in a deliberate attempt to damage the hedge it is reasonable to assume that the hedge is impeding the progress of ANY high vehicle with a ROW.

Putting obstacles in the hedge will damage any vehicle including those with a perfect right to be there.


Which brings us neatly back to who owns the land, who has a ROW over it and what is the extent of that ROW. It would be helpful if the OP could clarify those questions.
Sudynim
 
Posts: 2242
Joined: Mon Dec 21, 2009 7:31 pm

Re: Criminal Damage?

Postby Treeman » Sat Sep 03, 2011 7:13 am

Sudynim wrote: It would be helpful if the OP could clarify those questions.



Nahhh, you don’t want to do that.

If you did there are some here who would be unable to make sweeping statements based on here say and guesswork
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Hedges

Who is online

Users browsing this forum: No registered users and 2 guests