Advice required on neighbours trespassing on land

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cloudyeyes

Re: Advice required on neighbours trespassing on land

Post by cloudyeyes » Thu Nov 15, 2012 11:52 am

Guest wrote: Why do you assume that what you are saying is helping at all?
Because ignoring it or pursuing it with the landowners are the only two choices you have.

What you or your partner did or didn't do in the past for the neighbours doesn't change the fact that you currently have no rights over the land so if you tell your neighbours they can't use it, they can happily ignore you, use it more to wind you up, abuse you etc etc.

Clifford Pope
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Re: Advice required on neighbours trespassing on land

Post by Clifford Pope » Thu Nov 15, 2012 11:55 am

If the field belongs to the partner's sister then it is up to her whether she wants to allow people to exercise dogs in it or not.
Does she mind, or not?
Don't you have anything else to worry about apart from what someone else is doing in a field that doesn't belong to you?

Perhaps the sister could sell them the field, and then everyone would be happy :)

withreason
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Re: Advice required on neighbours trespassing on land

Post by withreason » Thu Nov 15, 2012 11:57 am

Guest, in answer to your question, yes we do own our house.

I think your real problem is not being able to let go of the past and past events. That can be a difficult thing to do, but you need to try to forget about what has been done and start anew. If you can get your mind around that, things may improve. You need to try to ignore your neighbours, in whichever way you can and I know how difficult that can be when they are living next to you! I still don't know what you meant by living in the property above them, that means to me you are either in the same house in an upstairs flat, or you are above them on a slope.

First step, get a fence installed behind the gate, it doesn't have to be any longer than the gate, you could use anything on hand as long as you block it. You can do it yourselves if your partner's sisters don't or won't tackle it, you could ask their permission to do it or just do it and tell your neighbours you are doing it on behalf of the owners of the field.

Anxiety is a real problem which I sympathise with, I have first hand knowledge of how it can affect a person. You are doing very well to post on here, don't take any seemingly harsh comments personally as different people have different ways of putting their message across. Not that that helps you as you will be sensitive to anything said, take that from someone who came on here feeling the same although my confidence levels are perhaps higher than yours I was still sensitive to what people said when I needed help.

One step at a time, get that first step out of the way then you will start to feel more in control.

cloudyeyes

Re: Advice required on neighbours trespassing on land

Post by cloudyeyes » Thu Nov 15, 2012 12:06 pm

withreason wrote: First step, get a fence installed behind the gate, it doesn't have to be any longer than the gate, you could use anything on hand as long as you block it. You can do it yourselves if your partner's sisters don't or won't tackle it, you could ask their permission to do it or just do it and tell your neighbours you are doing it on behalf of the owners of the field.
That is very bad advice. The OP's partner has recently been in dispute with the owners of the field to the extent that he was evicted from the field and it has been rented to someone else. You're suggesting that the OP, purely to appease her feelings of anxiety, also commits a trespass and criminal damage to boot?

withreason
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Re: Advice required on neighbours trespassing on land

Post by withreason » Thu Nov 15, 2012 12:27 pm

cloudyeyes wrote:
withreason wrote: First step, get a fence installed behind the gate, it doesn't have to be any longer than the gate, you could use anything on hand as long as you block it. You can do it yourselves if your partner's sisters don't or won't tackle it, you could ask their permission to do it or just do it and tell your neighbours you are doing it on behalf of the owners of the field.
That is very bad advice. The OP's partner has recently been in dispute with the owners of the field to the extent that he was evicted from the field and it has been rented to someone else. You're suggesting that the OP, purely to appease her feelings of anxiety, also commits a trespass and criminal damage to boot?
Why is it bad advice when the husband of one of the sister's says they shouldn't trespass? I doubt the sisters would complain and they can ask permission to do it, the OP said earlier:
Guest wrote:One of my partner's sisters' husband is dealing with the land and he asked my partner some weeks ago if we get a lot of trespassers and that it shouldn't be allowed
Surely they would appreciate the gate being blocked off? I think you misunderstand, there was no dispute as such where Guest's partner was evicted, it was as a result of inheritance which is slightly different.
cloudyeyes wrote:You got unjudgemental advice, it just wasn't what you wanted to hear. Which is often the case in neighbour disputes.

If your partner is sticking up for his sisters now, has he settled his differences with them after being evicted from the field and having his access restricted?
Guest wrote:cloudyeyes - yes he's more or less accepted it now. The neighbours won't accept the fact that the field has nothing to do with them though. Why build a gate onto land that they don't own? My anxiety lets me down and I can't face up to people as I would like to.

cloudyeyes

Re: Advice required on neighbours trespassing on land

Post by cloudyeyes » Thu Nov 15, 2012 12:43 pm

Saying they shouldn't trespass is not permission for someone else to trespass and install fencing. 'Assuming' they would appreciate it? Seriously?

I read the OPs answer to the previous dispute as being evasive. While the dispute apparently arose as the result of an inheritance, it appeared from the postings here to be bitter.

Here's another possible scenario - bitter dispute over inheritance between sisters and brother. Sisters evict brother, brother stirs up legal trouble, sisters cross. Sisters rent field to A N Other. Sisters give permission to neighbour to exercise dogs, making tenant aware, knowing it will wind up brother and spouse. Sisters make all the right noises to brother and spouse about trespass to keep brother and spouse quiet but take no action.

Possible? Yes. Likely - I don't know and no-one else here (apart from the OP) knows. So yes, what you suggest is very bad advice. There is no reason to block the gate other than the OP doesn't like them using the field and apparently can't stop obesessing about it. That isn't a good enough reason. Two wrongs etc.

withreason
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Re: Advice required on neighbours trespassing on land

Post by withreason » Thu Nov 15, 2012 1:11 pm

cloudyeyes wrote:Saying they shouldn't trespass is not permission for someone else to trespass and install fencing. 'Assuming' they would appreciate it? Seriously?

I read the OPs answer to the previous dispute as being evasive. While the dispute apparently arose as the result of an inheritance, it appeared from the postings here to be bitter.

Here's another possible scenario - bitter dispute over inheritance between sisters and brother. Sisters evict brother, brother stirs up legal trouble, sisters cross. Sisters rent field to A N Other. Sisters give permission to neighbour to exercise dogs, making tenant aware, knowing it will wind up brother and spouse. Sisters make all the right noises to brother and spouse about trespass to keep brother and spouse quiet but take no action.

Possible? Yes. Likely - I don't know and no-one else here (apart from the OP) knows. So yes, what you suggest is very bad advice. There is no reason to block the gate other than the OP doesn't like them using the field and apparently can't stop obesessing about it. That isn't a good enough reason. Two wrongs etc.
Knowing human nature, yes that could happen! But, there is no reason why they can't ask permission from the sisters to put up a fence in front of the gate. There's only one way to find out, and that is to ask.

span
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Re: Advice required on neighbours trespassing on land

Post by span » Thu Nov 15, 2012 1:16 pm

Going around in circles. Bored now.

Guest
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Re: Advice required on neighbours trespassing on land

Post by Guest » Thu Nov 15, 2012 1:17 pm

withreason - thank you for showing a clearer understanding of the situation and yes you are correct in saying that the issue with my partner and his sisters over the field was as a result of inheritance.

We live in an upstairs flat so we see everything that's going on whether we want to or not. With regard to getting a fence installed behind the gate, it sounds like something worthwhile mentioning to my partner's sisters, especially since the sister's husband asked my partner if we get a lot of trespassers and that it shouldn't be allowed. I'll leave that to my partner to sort out. Yes, the anxiety is a nuisance and I've tried hard to overcome it, thanks for your support. I hope you get your dispute solved soon.

cloudyeyes - yet again you have shown a completely inaccurate understanding of the issue. There was no bitter dispute over the inheritance and my partner didn't stir up any legal action whatsoever. My partner's sisters would be quite horrified to learn about how the neighbours are treating their land and when they do find out I can't imagine them not doing anything about it. The husband made it clear that there should be no trespassers on the land so there is no way they gave the neighbour permission to put dogs on the field to wind us up. They don't know who the neighbours are.

cloudyeyes

Re: Advice required on neighbours trespassing on land

Post by cloudyeyes » Thu Nov 15, 2012 1:23 pm

Guest wrote: cloudyeyes - yet again you have shown a completely inaccurate understanding of the issue. There was no bitter dispute over the inheritance and my partner didn't stir up any legal action whatsoever. My partner's sisters would be quite horrified to learn about how the neighbours are treating their land and when they do find out I can't imagine them not doing anything about it. The husband made it clear that there should be no trespassers on the land so there is no way they gave the neighbour permission to put dogs on the field to wind us up. They don't know who the neighbours are.
{Sigh}. Where have I previously shown an inaccurate understanding of the issue?

My point to withreason was, using a fiction for illustration, that there is a back story to this issue and the posters on this forum have only seen the bits that you have chosen to post, which might or might not be the full story. In the light of that, advising you to commit trespass and possible criminal damage was unwise.

withreason
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Re: Advice required on neighbours trespassing on land

Post by withreason » Thu Nov 15, 2012 1:30 pm

cloudyeyes wrote: {Sigh}. Where have I previously shown an inaccurate understanding of the issue?

My point to withreason was, using a fiction for illustration, that there is a back story to this issue and the posters on this forum have only seen the bits that you have chosen to post, which might or might not be the full story. In the light of that, advising you to commit trespass and possible criminal damage was unwise.
{Sigh} You seem to have 'over thought' the possibilities, while I admit the scenario you gave is a possibility you realise that the OP is the only person who really knows the situation. Given that, it is the OP's decision as to what advice they feel comfortable in taking on board. One thing is for certain, some sort of action has to be taken for their own peace of mind and if blocking the gate off is a start to the road to recovery then with, or without permission that is their decision to make. In the end, it would be a civil matter and unlikely to be irreversible.

Guest
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Re: Advice required on neighbours trespassing on land

Post by Guest » Thu Nov 15, 2012 1:33 pm

cloudyeyes - As far as I'm concerned withreason is not encouraging my partner to commit trespass and possible criminal damage, he is suggesting a possible way forward for his sisters to deal with these inconsiderate neighbours.

cloudyeyes

Re: Advice required on neighbours trespassing on land

Post by cloudyeyes » Thu Nov 15, 2012 1:52 pm

withreason wrote:
cloudyeyes wrote: One thing is for certain, some sort of action has to be taken for their own peace of mind and if blocking the gate off is a start to the road to recovery then with, or without permission that is their decision to make.
Why? The land is not theirs, they don't own it, they don't rent it, they were chucked off it, it is not theirs to worry about. If their peace of mind is disturbed by the neighbours actions/behaviour on land that the OP has no rights over, I respectfully suggest that the OP needs to get a life. There's a good chance the neighbours know the OP has no rights over the land and their intervention is being construed as that of a nosy interfering neighbour. Continuing to intervene in such circumstances is likely to inflame the situation. Let it go. Leave it to the landowners. Ignore it.

Span is right.

Guest
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Re: Advice required on neighbours trespassing on land

Post by Guest » Thu Nov 15, 2012 2:12 pm

cloudyeyes - it's not the neighbours land either is it and neither is it owned by their relatives so they shouldn't be using it in the first place. So, why are you appearing to be on their side? They are ruining the ground with their rubbish and their trampling. What withoutreason is suggesting is not out of order because he probably understands the situation better than you do. You don't have to contribute to this.

cloudyeyes

Re: Advice required on neighbours trespassing on land

Post by cloudyeyes » Thu Nov 15, 2012 2:19 pm

No, it's not the neighbour's land. But it's not yours either so your rights in respect of the land are exactly the same as theirs - none. If they cause damage, then the landowners can pursue them in respect of any costs they incur repairing the damage. Withreason was wrong to suggest you install fencing without the owners' permission.

I see a pattern here - do you?

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