Advice please

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lincslass61
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Advice please

Post by lincslass61 » Sun Apr 08, 2018 7:44 pm

Some of you may remember some time back my post about my neighbour purposley damaging my new fence.briefly the outcome at the magistrates court was he lied and said it was his boundary and i had my fence put within his boundary therefore he only danaged his own fence.
I must add neither i or the police at court that day did not know he was now using this as his defence.
So when i court i told the court i had his boundary plan ,my boundary plan which actually states on it he had encroached my boundary with his fence .by the way it had not been there the time lenghth to claim adverse possesion.
And i told them i had my survey repitt which states it my boundary and not only his fence but his free standing fish pond encroached it somewat.
No one in that court room asked to see any of this. Then they dismissed the case because the magistrates said they didnt know who owned the boundary....dont get me started on that one.
Anyway now i have another problem part of his pond caught fire last year dodgy electrics. Its basically a platform that his turtle things climb up on. Now he is building a new one and its bigger so far he has just put the base on but he has the sides to put on and its that close to my fence there is no way he is going to get round the side of it without pushing against my fence. And no doubt he will be again be putting his filter tank that side to.
Now my question is is there anything i can do legally ? while building this base i saw him lent against my fence .
Basically to once i had it all redone after he wrecked it the first time he spent every week cutting his lawn by it and was swaying side to side then stopping leaning on it etc.my fence contractor said he would eventually loosen the posts in the holes and movement wasnt being picked up on my cctv because the posts would only be moving very slightly each time.
Well come that really bad storm last march that uprooted trees etc and my fence went out of alignment he was stood outside laughing his head off.
Then next morning was out pushing on it making out he was doing something to his pond but i couldnt use any of this cctv in court because i was told only evidence from the day in question could be used.
Now i couldnt afford to have my fence put right again it cost me £1000 last time so you can probably understand why i dont want him pushing on it building this onto his pond .i left my cctv in the position the police told me to point it in case he does anything else but unless it picks up movement not alot of good but at least i can keep a eye on it.
And you can bet once he has built it he will be pushing by it and my fence at every opportunity.
Also if i may another question i overheard something a few days ago he was talking to his neighbour couldnt hear what he was saying but heard his neighbour say something about taking the fence up. Now this other neighbour hasnt got a fence,
So i think it probably could had been him discussing taking mine up .he thinks because he got away with his lies in court he can probably get away with claiming its his boundary etc again.so if i may can i ask if he does start trying to take my fence down is this a police matter i hope its not civil because by the time i go through all what involved with civil matter he would had got my fence up and i have dogs i need to keep secure.
It would be no good me going outside ordering him to stop because i know i would loose my temper with him and thats what he wants.

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