Property Boundary Criminal Damage

[AVALIA]

Hi, Just found this useful forum and seek advise on the following.

Can a neighbour, without my permission, hang a 2m high x 3m wide heavy duty timber gate on my garage wall which is 150mm within my side of our common boundary?. Would he be trespassing and causing 'criminal damage' to my brickwork?.

If the work was completed whilst I was away from home and on returning he refused to remove the gate, would it then be a civil matter or police matter?. The neighbour a bully/building tradesman/landlord and is not amenable to friendly discussion and has threatend me in the past.

A third party has told me of these plans hence the enquiry in anticipation of a problem!

[charitynjw]

Re: Property Boundary Criminal Damage

Hi Avalia

From the Crown Prosecution Service

http://www.cps.gov.uk/legal/a_to_c/criminal_damage/

[Amethyst]

Re: Property Boundary Criminal Damage

He should install a gate post on his side of the boundary for the gate to hang on. It would be a civil matter as far as I am aware although if he did damage your garage wall then it could be construed criminal damage. Is there any fence or other boundary markers between the garage and your neighbours land ?

I would check out a boundary dispute type website for more specialised advice - theres a couple of big ones which I have used in the past with my own issues - neighboursfromhell forum or gardenlaw forum.

[Celestine]

Re: Property Boundary Criminal Damage

Go to a solicitor and send him a letter forbidding this proposal. Even injunctive proceedings may be appropriate, check with solicitor.
I say this because once the work has been done, the whole issue gets a HELL of a lot more complicated and expensive.
Right is on your side though.

[AVALIA]

Re: Property Boundary Criminal Damage

He should install a gate post on his side of the boundary for the gate to hang on. It would be a civil matter as far as I am aware although if he did damage your garage wall then it could be construed criminal damage. Is there any fence or other boundary markers between the garage and your neighbours land ?

I would check out a boundary dispute type website for more specialised advice - theres a couple of big ones which I have used in the past with my own issues - neighboursfromhell forum or gardenlaw forum.

There used to be a 6' high wooden panel fence part way along the boundary at the side of my garage but for asthetic reasons, this was removed 9 years ago, by agreement, when my then friendly new neighbour purchased the property. It meant that from his kitchen window, his tenants could view the complete length of my garage wall rather than half wall and half fence panelling. Line-of site along the remaining length of fence indicates the 'invisable' boundary between my garage and his back garden.

Since then relations with him have deteriorated dramatically. So much for being a helpful neighbour!

[Celestine]

Re: Property Boundary Criminal Damage

Then that fence needs reinstating pronto!
Even if you pay for it yourself, and install a nice chunky end post (suitable for him to hang a gate off). In the long run, this will be far less costly than legal disputes if he were to attach his gate to your garage.
So when your garage was built, a 150mm gap was left between the garage wall and the 'fence' boundary?
Do you need this 15cm especially? Does it provide access for garage maintenance or allow for roof overhang??
I only ask because sometimes neighbours end up loathing each other and wouldn't even let a neighbour get away with 1". (Not that they should btw!)
When neighbours get on however, these gaps and matters seem trivial.

Just before this goes any further, ask yourself, what does the 15cm mean/represent?
It could mean the cost of a solicitors appointment and letter, it could mean the cost of a new fence, even split 50/50 best case.
I worked as a landscaper for many years and often had to mediate (referee!) between warring neighbours.....not fun, especially for them. xx

[AVALIA]

Re: Property Boundary Criminal Damage

Then that fence needs reinstating pronto!
Even if you pay for it yourself, and install a nice chunky end post (suitable for him to hang a gate off). In the long run, this will be far less costly than legal disputes if he were to attach his gate to your garage.
So when your garage was built, a 150mm gap was left between the garage wall and the 'fence' boundary?
Do you need this 15cm especially? Does it provide access for garage maintenance or allow for roof overhang??
I only ask because sometimes neighbours end up loathing each other and wouldn't even let a neighbour get away with 1". (Not that they should btw!)
When neighbours get on however, these gaps and matters seem trivial.

Just before this goes any further, ask yourself, what does the 15cm mean/represent?
It could mean the cost of a solicitors appointment and letter, it could mean the cost of a new fence, even split 50/50 best case.
I worked as a landscaper for many years and often had to mediate (referee!) between warring neighbours.....not fun, especially for them. xx

Thanks for your response. The previous owner built my garage 15 cm from the original fence which is now removed. The 15cm 'gap' between my garage wall and the now invisable boundary is not of any benefit to me and does not affect access for maintenance but it does mean that my wall 'appears' to be the boundary at the far end of of my neighbour's rear garden.

My only issue would be if he used my wall from which to hang his gate. He would have no problem installing his own gate post. I am on this forum just to clarify my rights if and when a situation arises having been 'tipped off' by a Third Party.

[Celestine]

Re: Property Boundary Criminal Damage

Absolutely fair enough, always sensible to know your rights.

Good luck with it all