Trespassing

Re: Trespassing

Postby asprint » Sun Aug 20, 2017 9:07 am

MacadamB53 wrote:Hi asprint,

in your previous threads you gave plenty of detail about what he was up to - e.g. walking onto your property to cut his hedge or having vehicles park on the ROW.

however, in this thread you've been vague.

is the latest trespass of a different degree to previous?

Kind regards, Mac


Thanks for the reply.

Have not meant to be vague,but as indicated was trying to get an understanding as to the weight/strength of the written undertaken he had given to cease his activities.

Currently his has not been trespassing by foot again, as far as I am aware. However, he has now started trespassing onto my property with his car more or less on a daily basis and has been since end of May 17. The problem with having the ROW blocked had more or less stopped but I have noticed a recent increase of that.
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Re: Trespassing

Postby SarahSue » Sun Aug 20, 2017 4:14 pm

Firstly, sympathies.
Asprint, can you not go back to your solicitor who handled the original injunction and ask if it still stands? Clearly it is being breached.
The trouble with so many of these sort of disputes is that once there is a dispute and bad feeling, the opposing neighbour will be bloody minded and deliberately act in a way as to wind the other neighbour up.
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Re: Trespassing

Postby Eliza » Sun Aug 20, 2017 4:37 pm

If he is trespassing like that on a pretty much daily basis - then I wonder if what he is up to is trying to gain "prescriptive rights" to drive on your land whenever he wants. In your position then I think you really should put up a physical obstacle that will stop him and so I'm back to suggesting the locked chain across. For someone as determined as this, then it's probably best to make the chain one of those with inbuilt metal spikes on the chain loops. That way, he will think twice about trying to just drive straight through it, as his car would be pretty badly scratched by those spikes in the process. Google for "spiked steel chain" and up comes plenty of images of what I mean and places to buy one like it.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Trespassing

Postby MacadamB53 » Sun Aug 20, 2017 5:48 pm

Hi asprint,

he has now started trespassing onto my property with his car

that's just repeating yourself rather than answering my question.

to what degree is this a trespass?

for example, there is a difference between holding a barbecue in your garden to using the first few feet of your drive to turn the car round.

Kind regards, Mac
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Re: Trespassing

Postby Eliza » Sun Aug 20, 2017 6:40 pm

I wouldnt agree that there are degrees and degrees of trespass. Trespass is trespass end of. Whether it be "holding a barbecue in a garden" that doesnt belong to them or trespassing by a few feet when reversing the car. Either way it's trespass. Even trespass of a few inches is trespass and it simply shouldn't happen.

My neighbours here were trespassing to a variety of different degrees when I first moved here. Sometimes inches, sometimes feet, sometimes a very long way into my garden. It was all trespass and I didnt differentiate. I dealt with it all firmly and they no longer do so.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Trespassing

Postby SarahSue » Sun Aug 20, 2017 8:54 pm

Eliza
I too had neighbours trespassing and the only way to stop the trespass was to put up a physical boundary to stop them, something heavy enough that it couldn't easily be moved. I knew that if I had done nothing, they would have just carried on. I agree, that Asprint should put something physical in place to stop the trespass because clearly he has taken no notice of the injunction and legal action can get expensive. In my case, putting something physical in place was expensive at the time but well worth the money since it stopped the problem and thus the stress.
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Re: Trespassing

Postby arborlad » Mon Aug 21, 2017 7:38 am

asprint wrote:
arborlad wrote:Asprint - you have three or four threads all about the same issue, you're not helping yourself to get the best advice and causing confusion for others................

viewtopic.php?f=8&t=11742

viewtopic.php?f=8&t=19529

viewtopic.php?f=4&t=19992


To make life simpler for everyone, I requested a merging of your threads - it hasn't happened yet :roll:



Thanks for the replies.

You suggest merging the threads? Not sure what you mean by that can you kindly advise what what it is that I have to do?

Thanks




Contact a moderator.

It's always best to keep one problem to one thread, not fragmented and duplicated amongst multiple threads.
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Re: Trespassing

Postby Eliza » Mon Aug 21, 2017 8:59 am

Out of interest - what obstacle did you have to put there to stop your neighbours trespassing?
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Trespassing

Postby SarahSue » Mon Aug 21, 2017 9:26 am

I installed a trellis planter on the boundary that they were encroaching over and then a row of rocks and bushes, Eliza.
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Re: Trespassing

Postby asprint » Tue Aug 22, 2017 9:13 am

SarahSue wrote:Firstly, sympathies.
Asprint, can you not go back to your solicitor who handled the original injunction and ask if it still stands? Clearly it is being breached.
The trouble with so many of these sort of disputes is that once there is a dispute and bad feeling, the opposing neighbour will be bloody minded and deliberately act in a way as to wind the other neighbour up.


Thank you for your reply and sympathies.

As you have expressed, I do feel that it a question of the neighbour continuing to be bloody minded and has done so ever since I had to complain about the ROW being blocked after first moving in.

Yes it is likely that I will have to go back to the solicitors and possibly seek enforcement of what he has already agreed to do in writing.
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Re: Trespassing

Postby asprint » Tue Aug 22, 2017 9:20 am

Eliza wrote:If he is trespassing like that on a pretty much daily basis - then I wonder if what he is up to is trying to gain "prescriptive rights" to drive on your land whenever he wants. In your position then I think you really should put up a physical obstacle that will stop him and so I'm back to suggesting the locked chain across. For someone as determined as this, then it's probably best to make the chain one of those with inbuilt metal spikes on the chain loops. That way, he will think twice about trying to just drive straight through it, as his car would be pretty badly scratched by those spikes in the process. Google for "spiked steel chain" and up comes plenty of images of what I mean and places to buy one like it.


I don't believe that there is any intention to gain prescriptive rights and to do so he would have to do it unopposed for some 20 years, is my understanding?

A physical barrier would stop it, but it would also have an impact on anybody entering and leaving my property which I would clearly like to avoid hence undertaking the previous legal action and obtaining his written undertaking from him to cease his trespassing.
Last edited by asprint on Tue Aug 22, 2017 9:30 am, edited 1 time in total.
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Re: Trespassing

Postby asprint » Tue Aug 22, 2017 9:28 am

Eliza wrote:I wouldnt agree that there are degrees and degrees of trespass. Trespass is trespass end of. Whether it be "holding a barbecue in a garden" that doesnt belong to them or trespassing by a few feet when reversing the car. Either way it's trespass. Even trespass of a few inches is trespass and it simply shouldn't happen.

My neighbours here were trespassing to a variety of different degrees when I first moved here. Sometimes inches, sometimes feet, sometimes a very long way into my garden. It was all trespass and I didnt differentiate. I dealt with it all firmly and they no longer do so.


I think that you have fully expressed my own feeling and sentiment regarding this matter with respect to the trespassing. Yes to one person an inch is a mile but there is no need whatsoever to be trespassing particularly since an undertaking has been given to cease.
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Re: Trespassing

Postby Eliza » Tue Aug 22, 2017 10:05 am

I fully understand that you don't want problems for your own visitors coming to your place.

I feel the same way - but, in the end, just telling the neighbours in a variety of ways that "It's my garden. Keep out" just didnt work and they kept right on trespassing and it was pretty much on a daily basis. So I did put up a chaingate and that stopped them - there hasnt been a wheel laid on my garden since. I had to shoot out a couple of times and tell off a visitors workman that had his feet in my garden - but he picked up the idea pretty quickly and stopped doing so.

It's just down to telling your friends why the chaingate is there and how to undo it when they turn up and making sure you undo it yourself for any of your workmen that are going to be coming into your garden. It is a nuisance, but it's better than having the trespassing continuing. In my own case, then I wasnt sure whether they could or couldnt build up any "prescriptive rights" if they kept on doing this for over 20 years. However, I felt there might be possibilities of that and I obviously had no idea just how long they had been trespassing for before I got the house and so might have got in a noticeable number of years of doing it and getting away with it. If this was a possibiity, then I have now comprehensively broken any "time served" they got in towards it and they'd have to start all over again trying to pile up "time".

Basically, this neighbour is disrespecting you and trying to make out they have the right to power over your life. That isn't going to do wonders for your self-esteem if you let them keep walking (or driving) over you.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Trespassing

Postby MacadamB53 » Tue Aug 22, 2017 10:51 am

Hi asprint,

any chance you're going to divulge the degree of this latest trespass?

I'm not asking because I'm being nosey, I'm trying to help...

Kind regards, Mac
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Re: Trespassing

Postby arborlad » Tue Aug 22, 2017 11:53 am

MacadamB53 wrote:Hi asprint,

any chance you're going to divulge the degree of this latest trespass?

I'm not asking because I'm being nosey, I'm trying to help...

Kind regards, Mac




Not sure what the motives of you and others are, but the pretence that you are trying to help is lost on me - if you really want to help the OP, find a way to get the threads merged. I have tried and failed :?

There is nothing being discussed in this thread that hasn't already been covered in threads from 2009 and 2014.
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