Reported theft to the police

[echat11]

I reported a theft to the police, a fence, paid for and in situ for long time. What this neighbour has done is just 'ridiculous'.

Heard nothing for a few days. Chased it, told PC XXXXXXX XXXXXXX was dealing with the report.

I believe PCO YYYYYY YYYYYY actually contacted me about the matter (called from a mobile number). PCO YYYYYY YYYYYY told me she would end an email so I could send more evidence, she didn't. She said she would also speak to her Sargent. She gave a different name.

She then called again to say it's a civil matter etc (from a with held number). I asked her to email that to me in writing. I received no email, so complained.

Then I received an email from PC XXXXXXX XXXXXXX stating she had spoken to me on the 17/11/23, when I believe both calls were made by PCO YYYYYYYY YYYYYY

Any thoughts before I escalate this.

islandgirl

[islandgirl]

Well it sounds like you are getting the runaround that's for sure. Police probably think it is a boundary dispute. Do you have evidence that the neighbour has stolen the fence? I think a wee trip down to the local station may be in order if you have one with a "front desk". Have a look at this https://www.cps.gov.uk/legal-guidanc...t-act-offences and be prepared to explain how it was theft and not a civil matter. I don't really deal with the Police other than in court but this seems like a very poor handling of the problem. Good luck.

[echat11]

Well it sounds like you are getting the runaround that's for sure. Police probably think it is a boundary dispute. Do you have evidence that the neighbour has stolen the fence? I think a wee trip down to the local station may be in order if you have one with a "front desk". Have a look at this https://www.cps.gov.uk/legal-guidanc...t-act-offences and be prepared to explain how it was theft and not a civil matter. I don't really deal with the Police other than in court but this seems like a very poor handling of the problem. Good luck.

Do you have evidence that the neighbour has stolen the fence?

Don't laugh, a picture of the fence in the skip on his front drive, a picture of the skip awaiting collection and a picture of the skip being collected. This is some of the evidence, the police wouldn't allow me to give them so they could continue their enquires.

Everything else is in hand, I think.

[islandgirl]

Well that sounds like an open and shut case!

[Manxman]

Not being funny but do you have evidence (deeds, registered title, invoice if recently replaced etc) that proves that the fence is yours and not theirs?

There is (apparently) an urban myth in some parts of the country that the householder owns the fence "on the left" or whatever, but that's rubbish. You need to know where the legally defined and measured boundaries of your property are on the ground, and where the fence is (or was) in relation to that boundary.

I assume you don't get on with your neighbour, but is there any possibility that they could honestly be under the mistaken impression that the fence was their's? I can't tell from the bare information you've posted but is it obviously yours (eg five yards inside your property boundary) or is it right on the boundary between your and your neighbour's property, and possibly unclear who it belongs to.

If your neighbour has not acted dishonestly I don't think there has been a theft. Similarly for criminal damage.

TBH - I'd be surprised if you could persuade the police that this isn't a civil matter unless you've got cast iron proof it's your fence and he's acted dishonestly. Even then I'm not sure they'd be interested.

Which fence do we own? (land-search-online.co.uk)

[echat11]

Not being funny but do you have evidence (deeds, registered title, invoice if recently replaced etc) that proves that the fence is yours and not theirs?

The fence has been in place for decades, we put it up, there's a story behind why it replaced a previous fence.

There is (apparently) an urban myth in some parts of the country that the householder owns the fence "on the left" or whatever, but that's rubbish. You need to know where the legally defined and measured boundaries of your property are on the ground, and where the fence is (or was) in relation to that boundary.

The deeds just has a boundary, but no 'T' markings as many deeds don't provide that information.

I assume you don't get on with your neighbour, but is there any possibility that they could honestly be under the mistaken impression that the fence was their's? I can't tell from the bare information you've posted but is it obviously yours (eg five yards inside your property boundary) or is it right on the boundary between your and your neighbour's property, and possibly unclear who it belongs to.

No misunderstandings, last week he got a written notice about noise from the Council, he's been reported regards 'bonfires', there are two complaints regards building / planning which the Council are investigating, he left garage and wooden fence on his side of the wall on two separate occasions on the shared driveway - they crashed into our side of the house causing damage. He then put another large plywood on the shared drive, I told him to move it a couple of weeks ago, before the last storm struck.

If your neighbour has not acted dishonestly I don't think there has been a theft. Similarly for criminal damage.

We wrote to him after he removed the fence and before the skip was taken away, to return the fence, that just hastened the skip collection.