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That is unless there is a prescriptive right to light acquired through uninterrupted use for 20 years, or because you have applied to acquire the right to light through your local authority. 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. Follow these steps if you have a dispute with your neighbour. Thus, one of the elements to proving trespass is the existence of intent on the part of the trespasser. We use this information to make the website work as well as possible and improve government services. 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? Try to solve the problem informally by talking to them. My neighbour always lights a smoky fire in his garden, can I do anything about it? I have lent something to a friend / relative / partner and they have not given it back, what can I do? 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. Trespass is defined as the unauthorised interference with the possession of your home and garden. What can I do about squatters in my property? Try to solve the problem informally by talking to them. Keep Accurate Records My neighbour's children's balls keep coming in my garden, what can I do? The police cannot assist in the removal of the trespassers or their property from the land in question. (US law and generally) Harassment is a serious issue, and though we might expect it on the street or even at work, it often blindsides us when we are at home. If someone trespasses on your property despite due warning the practical remedy is to ask them to leave. 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. Harassment is not necessarily … Don’t include personal or financial information like your National Insurance number or credit card details. However, the local authority has the power to remove any wall or fence bordering a public highway if it … The best and safest course of action is to obtain a court order, which, if breached, can then become a criminal matter. The owner of the land could commit several criminal offences if he forcibly removes the trespasser and his/her property from the land. Available for everyone, funded by readers. 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. The trespassers who have been on my/council land have left behind a lot of rubbish, what can be done? In another case, a man who found a trespasser up a low ladder leaned against his house shook and overturned the ladder throwing the intruder to the ground. This is also true when it comes to property. However, if your neighbour has a massive leylandii hedge that blocks your light and drains your garden soil of moisture rendering your garden unfit for growing plants, you may well be able to take advantage of the new High Hedges Law 2005. 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? Under this legislation local authorities have the power to enter your neighbour's property to cut down hedges that cause a nuisance. For more details on the legislation visit the Hedgeline website. Trespassing is both an intentional crime and an intentional tort. Someone has hired some property from me and failed to return it, is it theft? For some people, the knee-jerk reaction to conflict is to threaten a lawsuit. 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. What can I/the police do. By law, the fruit belongs to your neighbour, as does any fruit that falls onto your land from your neighbour's tree. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. For adult trespassers, in most cases the duty of care will be met if you put up a fence and display a notice warning of the danger. Contact the police if your neighbour is breaking the law by being violent or harassing you. 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. I am separating from my spouse/partner and there is a dispute as Any damage done by a trespasser, or use of threatening, abusive or insulting behaviour towards the occupier, may amount to a criminal offence and should be reported to the police on 101.Trespass is very complex and guidance should be sought from a solicitor where appropriate. Enter your town or postcode to see information from your local force, © Copyright 2020 Police National Legal Database. 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. This may occur in tandem with the previous step. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. 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? However, you are not entitled to assault or harm a trespasser in any way. If the children play with these things and hurt themselves you might have to pay compensation for their injuries. to who owns the car. Do I have to report an accident/collision that happened in a car park to the police? It will take only 2 minutes to fill in. 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? Four annoying neighbours and how to deal with them These neighbours range from clueless to downright rude! 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.

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