What is the law relating to bailiffs collecting civil debts? For some people, the knee-jerk reaction to conflict is to threaten a lawsuit. Someone dumping rubbish against your house wall is also trespass, as is throwing stones or rocks into your garden. Try to solve the problem informally by talking to them. I have bought a perfume that I was told was Chanel and it isn't...what can I do? Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Your home may be your castle but the law demands that you also take the right steps and behave responsibly when dealing with trespassers and other unwanted intrusions on to your property. Trespass does not only occur when people enter your land without permission - it can also arise when somebody places something on your land, such as when a car is left in your driveway. Although the trespasser was not injured, the judge said even this amount of force was unreasonable. In the infamous Tony Martin case, for example, it was obviously unreasonable for him to shoot dead a teenager who had entered his remote farmhouse with the intention of committing theft. If he/she refuses to leave the land then you will need to consider taking civil action. We’ll send you a link to a feedback form. Does the new right to roam law mean that I can now walk wherever I want? If a tree affects the amount of light you receive but its branches do not overhang your property, you probably cannot make the tree owner do anything about it - there is no general right to light. The law says you have the right to decide what is left on your property, as well as the right to keep people out. If they don't you are entitled to use no more than reasonable force to eject the trespasser. We use this information to make the website work as well as possible and improve government services. Someone has put a video/photograph of me on the internet/is showing video footage of me in a compromising position to friends etc., without my permission, what can I do? If the children play with these things and hurt themselves you might have to pay compensation for their injuries. As the saying goes, "Good fences make good neighbors." Follow these steps if you have a dispute with your neighbour. This may occur in tandem with the previous step. You are trespassing.". Someone has left a car on my land, what should I do? If your neighbor has an armful of groceries outside your apartment building, it might not be the best time for getting-to-know-you (though it is the perfect time to hold the door open). Someone has hired some property from me and failed to return it, is it theft? This guide is also available in Welsh (Cymraeg). Why can't the police move the trespassers on? Don’t worry we won’t send you spam or share your email address with anyone. The right to use reasonable force has evolved through case law and there is no single answer as to what is reasonable - it will always depend on the prevailing circumstances. No. The owner of the land could commit several criminal offences if he forcibly removes the trespasser and his/her property from the land. Although it's OK to cut down an overhanging branch, it is not OK to pick fruit from it without your neighbour's permission. Available for everyone, funded by readers. Under this legislation local authorities have the power to enter your neighbour's property to cut down hedges that cause a nuisance. Contact the police if your neighbour is breaking the law by being violent or harassing you. And if creepers or other plants are growing on the face of your wall, from roots in your neighbour's property, this is also technically a trespass. You could take action if this creeper is likely to cause damage to the wall of your property, and you are entitled to cut it off. Trespassing is both an intentional crime and an intentional tort. All rights reserved. If your neighbour is a tenant, you could contact their landlord. Can you tell me about installing CCTV at my house and what to do if a neighbour has got CCTV installed and one of the cameras points at my property? My ex partner has got access rights over our child but my son / daughter has to be back by 1600hrs and he / she has not brought my son / daughter back yet, what can I do? When you contact the police, explain the situation in as much detail as possible. However the police do have some removal powers against larger groups of occupiers. Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Horses have been placed on land I own without my permission. Ask neighbors who can see your property if anyone has been trespassing on your land. Boundaries are necessary for any healthy relationship, be it family, friends or neighbors. And you mustn't lay traps to put off trespassers or you could be liable for a claim for compensation. To do this, however, you will need to show that your neighbour's hedge is comprised of two or more evergreens that are more than two metres high without significant gaps between the trees or shrubs forming the hedge. Dealing with severe levels of aggression from someone trespassing on the property will require the police to be called. Trespass is defined as the unauthorised interference with the possession of your home and garden. It could be dangerous for the landowner to try to remove the trespasser themselves. The traditional way to deal with trespassing was to build walls to prevent the trespassing or add additional deterrents to an existing wall, such as spikes or broken glass. By law, the fruit belongs to your neighbour, as does any fruit that falls onto your land from your neighbour's tree. Source: (Stefen Tan/ Unsplash) 4. You’ve accepted all cookies. Be careful about firing up the chainsaw though, as the tree may be subject to a preservation order leaving you liable to the local authority for causing damage to a protected tree. However, you are not entitled to assault or harm a trespasser in any way. Raise your concerns to the city or county. America: land of the free and home of the litigious. The best and safest course of action is to obtain a court order, which, if breached, can then become a criminal matter. I have lent something to a friend / relative / partner and they have not given it back, what can I do? I have bought something that does not work, what can I do? However, the local authority has the power to remove any wall or fence bordering a public highway if it … Are shops and leisure centres etc allowed to put CCTV camera in the changing rooms? Most people protect their homes and gardens by building a fence, for which you won't normally need planning permission unless it is more than two metres high. Try to solve the problem informally by talking to them. But children might not be able to read and understand the notice, so if you know they trespass on your land you shouldn't, for example, leave sharp tools or toxic weed killer lying around. The shop where I bought my TV / washing machine / mobile phone / other electrical item has repaired it and I think it's too expensive, what can I do? This is also true when it comes to property. My neighbour's children's balls keep coming in my garden, what can I do? It will take only 2 minutes to fill in. This guide is also available in Welsh (Cymraeg). In some cases, the worse harassment comes from your neighbors, and if your neighbors are engaging in harassment directed towards you, your family and your property, you need to take action.. The trespassers who have been on my/council land have left behind a lot of rubbish, what can be done? It's therefore more accurate to have a sign that reads: "Keep out - private property. Don’t include personal or financial information like your National Insurance number or credit card details. If your neighbour's tree has branches that overhang into your garden then the law allows you to cut them off, but you must not go beyond the boundary line and you must give the cut branches back to your neighbour. Trespass is defined as the unauthorised interference with the possession of your home and garden.

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