Neighbour painting my trellis.

duggat
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Neighbour painting my trellis.

Post by duggat » Sun Apr 01, 2012 9:05 pm

Hi to all.
Our lovely neighbours are at it again.
This morning 'he' was painting my trellis. This trellis is totally on our side and was put up by us when he raised his garden and we lost our privacy.
Politely asked him not to paint our trellis and pointed out that it was our property on our side.
He said nothing.
Video of 'him' painting trellis and me asking him politely to stop.
He didn't stop and even painted my plants I have growing on it.
Not only that but he has ruined my garden chairs with fence paint as they were beside the trellis.
We have pointed this out to him and asked what he is prepared to do about it.
'He' said nothing.
Can he paint our trellis?
Is it criminal damage to our chairs?
What can we do?

hzatph
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Re: Neighbour painting my trellis.

Post by hzatph » Sun Apr 01, 2012 10:41 pm

It is not criminal damage (so it is doubtful that the police will be interested) but you could take action against him for the damage to your chairs etc. He is not permitted to paint your trellis. You are clearly at loggerheads with them so you need to decide if this is the right battle to fight.

duggat
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Re: Neighbour painting my trellis.

Post by duggat » Sun Apr 01, 2012 11:09 pm

Thanks Hzatph, unfortunately we are forced into 'loggerheads' on a daily basis just to be able to live here with some quality of life.

The damage to our property is their response to a reasonable solution we have offered to another dispute they decided to initiate.

It seems like they do not like the neighbourly attitude we have taken and that it benefits them. They have take exception to a positive, fair out come as 'We' suggested it.

Hey ho.

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Mattylad
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Re: Neighbour painting my trellis.

Post by Mattylad » Mon Apr 02, 2012 8:06 am

Paint his car, see how he like it :

despair
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Re: Neighbour painting my trellis.

Post by despair » Mon Apr 02, 2012 8:27 am

Agreed

Tell him in no uncertain terms that since he considers it OK to paint your fence and your plants and your chairs you will paint his car

Or get professional quotes to clean up /replace all the painted /damaged stuff and sue him in Small Claims Court

andrew54
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Re: Neighbour painting my trellis.

Post by andrew54 » Tue Apr 03, 2012 9:46 am

Other options are to remove your trellis, or paint it pink etc.

mr sheen
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Re: Neighbour painting my trellis.

Post by mr sheen » Tue Apr 03, 2012 3:41 pm

...or concentrate on the more important things in life than a painted trellis

despair
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Re: Neighbour painting my trellis.

Post by despair » Tue Apr 03, 2012 7:41 pm

Mr Sheen

I think thats a little unfair

the neighbour not only painted the trellis but also the plants and the chairs sitting near the fence

since these fence paints often are not removable the OP has every right to be upset

its no different to idiots with fence sprayers causing untold damage

mr sheen
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Re: Neighbour painting my trellis.

Post by mr sheen » Tue Apr 03, 2012 8:53 pm

Despair

Andrew 54 offered some options and I just added another - they are exactly that OPTIONS! One option is to look at the actual severity or otherwise of an event in a new light and from a different perspective and the option of just moving on is often overlooked and people just need to recognise that this is a valid and often desirable route to take.

Or can you just not understand this option?

Sudynim
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Re: Neighbour painting my trellis.

Post by Sudynim » Mon Apr 09, 2012 1:35 am

duggat wrote:Hi to all.
Our lovely neighbours are at it again.
This morning 'he' was painting my trellis. This trellis is totally on our side and was put up by us when he raised his garden and we lost our privacy.
Politely asked him not to paint our trellis and pointed out that it was our property on our side.
He said nothing.
Video of 'him' painting trellis and me asking him politely to stop.
He didn't stop and even painted my plants I have growing on it.
Not only that but he has ruined my garden chairs with fence paint as they were beside the trellis.
We have pointed this out to him and asked what he is prepared to do about it.
'He' said nothing.
Can he paint our trellis?
Is it criminal damage to our chairs?
What can we do?
Depends how aggressive you wish to be, and how much time & money you can spend on it.

- A complaint of criminal damage regarding the chairs and the fence is one option. Don't let the Police fob you off, insist on it being recorded as a crime complaint and investigated. Chalk drawings on a pavement have been successfully prosecuted as criminal damage.

- You could also sue him via small claims for replacement/repainting the trellis, and for cleaning or replacement of the chairs. As long as you only request a moderate, reasonable amount in damages he will lose as soon as you press 'play' on your video evidence.

ukmicky
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Re: Neighbour painting my trellis.

Post by ukmicky » Mon Apr 09, 2012 3:45 pm

hzatph wrote:It is not criminal damage .
Oh Yes it is.


Samuels’s vs. Stubbs

"Damage is sufficiently wide in its meaning to embrace injury, mischief or harm done to property and in order to constitute damage it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function


The problem is the police do their best not to prosecute if their is a way out. If you do and they try to wiggle out mention the above case, its actually a very good one which the police should know very well.There are others though.
Any information provided is not legal advice and you are advised to gain a professional opinion

hzatph
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Re: Neighbour painting my trellis.

Post by hzatph » Tue Apr 10, 2012 11:22 am

ukmicky wrote:
hzatph wrote:It is not criminal damage .
Oh Yes it is.


Samuels’s vs. Stubbs

"Damage is sufficiently wide in its meaning to embrace injury, mischief or harm done to property and in order to constitute damage it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function


The problem is the police do their best not to prosecute if their is a way out. If you do and they try to wiggle out mention the above case, its actually a very good one which the police should know very well.There are others though.
Samuels v Stubbs is about damage - and the painting is damage. However, is this painting criminal damage? My understanding is that this requires intent or recklessness and I remain to be convinced that this is the case. See http://en.wikipedia.org/wiki/Criminal_d ... nglish_law and http://www.e-lawresources.co.uk/Criminal-Damage.php which contains links to a number of cases.

ukmicky
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Re: Neighbour painting my trellis.

Post by ukmicky » Tue Apr 10, 2012 9:58 pm

Can you not see how intent can easily be shown
Any information provided is not legal advice and you are advised to gain a professional opinion

hzatph
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Re: Neighbour painting my trellis.

Post by hzatph » Wed Apr 11, 2012 12:03 pm

No.

Sudynim
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Re: Neighbour painting my trellis.

Post by Sudynim » Wed Apr 11, 2012 10:30 pm

It is plainly criminal damage, and the video evidence would deal with any attempt to deny it.

Tell me where you park your car hzatph, and I'll come round with 5l of dulux and repaint it.

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