Neighbours

[lou 26]

Ive put this in home and garden but wondered what my rights are too! I moved to my current address just over two years ago. In our back garden the fences are low and there are two gates into two of my neighbours gardens which they access to get to each others houses etc, I have no problem with that, they're very good and one even does my garden for me! and my 5 year old daughter has access to their gardens and helps with the gardening. All sounding lovely so far? My neighbours to the left of me have a 4 year old daughter. Last year her mother said to me that she'd found a solution to the problem. When i asked what problem she said they would be removing one of their fence panels (they bought them all new shortly after id moved in) so their daughter could play in our gardens whenever she wanted!!!!!! I immediately said thats not a good idea! why not put a gate there? at least it can be locked? as after all there will be times when we dont want each others kids in our garden and the other neighbours with access are elderly and im sure there are times they wont want it either. she agreed. Two days later I could hear an almighty noise outside and went to investigate. Next doors husband has been instructed to cut a fence panel in half so their daughter can see over (and indeed climb over whenever she bloomin feels like it) and so it can be taken out when our girls play together! I didnt get much say in the matter it had already been done and it is their panel! Last year there were occassions when their daughter came barging into our house while we were eating just because she could and noone told her not to! Shes also very unpolite and cheeky. There was also an instance where I took my daughter to my parents house to give me a break for a couple of hours, got home for some peace and their daughter was running round in my garden! ... cont

[lou 26]

cont... Today my daughter and I had to go out. When I came home the fence panel had been taken out and THEIR daughter was riding round OUR garden on my daughters bike!

Where do I stand legally with this problem does anyone know? Im just thinking that if their daughter has any sort of accident in our garden when we do not even know shes there would it become our problem/fault? And also are they trespassing as I did actually agree to a gate being put there? Any advice would be great thank you!

[bednobs]

if its their boundary, they dont have to even have a fence there. Saying that, there is nothing stopping you putting up a fence in your garden. Neighbourly disputes are best sorted out informally, rather than resorting to law. i would go round there and tell them that you found their daughter riding your daughters bike in your garden and that you would like her to stop. Also mention the time she comes into your house and ask them to sort it out

[saxy_jag]

We have a roughly constructed, movable panel allowing our neighbour and us access to one another's gardens. However, this is by mutual agreement and, even though we're close friends, it does not give us carte blanche to wander in and out of the other's garden at will. I'm sure we wouldn't remain friends for long if that were the case.

I trust you've already spoken to the neighbours about your concerns - the risk to the child as well as your right to privacy. If not, then you should. You need to be quite firm with them, I'm afraid. Tell them that whilst they may think it's OK, you don't, and you'd rather not have their child running around in your garden for all the reasons you've outlined above.

They and their children have no right to be on your property without your permission. Whilst you'd be unlikely to sue the child for trespass or damage, you could argue that she was (or should have been) under the supervision of a responsible adult, and thus it is that responsible adult who must be sued. If no responsible adult, well, you have a whole new approach there. You could also play the 'I'd-hate-us-to-fall-out-over-this' card.

However, you also need to be aware that anyone who has an accident on your property, be they there with or without your permission or knowledge, can legally sue you for damages. It's one of the unfairest loopholes in British law.

At the risk of bringing yourself down to their level, you could put up your own fence or plant a few rose bushes, which they would have no right to touch. But you really shouldn't have to. Could be worth contacting CAB if you have one in your area, or see one of those solicitors who offer an initial consultation for free.

[lou 26]

hi bednobs, thank you for your reply. I was only wondering from a legal point of view so I have something to throw at them rather than using it against them if you get my drift, i really dont want to take it too far, i do have to live next door to them after all! the problem I have with telling them their daughters in my garden is that 1. they knew she was there and allowed her to do it and 2. their daughter can do no wrong in their eyes and it will be my fault by stating the fact I dont want her in my garden when im not in!

[lou 26]

thank you saxy_jag. I played the "Id hate us to fall out over this" card from the very beginning because I was frowned at when I said I wouldnt like the panel removed completely. I had to make my point from their side of it in the end (i.e they wouldnt want my daughter running round their garden if they had friends/relatives there) as I was getting nowhere fast! It really has got to a point where if their daughter says she wants to come round then she "has" to be allowed to or im made out to be the bad person in all of this. I know im going to have to be firm but to be honest today I was so angry about it that I couldnt say anything for fear of going over the top and falling out with them for good.

[tigwig]

this sounds unbelievable! I think you have been incredibly tolerant so far, there is no way I would let this go on. Maybe you could go round with a bottle of wine or some chocs to your neighbour and be all friendly frendly and say you are going to put up a gate as you would hate for their daughter to hurt herself in your garden. You could also mention that your daughter has been upset at someone else going on her toys without her being there. Just keep stressing that you don't want to fall out at all but will be putting a gate up for every ones safety. At the end of the day if they turn nasty, it will only be one set od neighbours you have to fall out with, let us know how you get on Good Luck!

[tufty7]

I reckon I would invite loads of your daughters friends round constantly and tell them to play in your neighbours garden , after they have trampled the plants and smashed the windows in the shed they will want to go with your idea and get a gate fixed for mutual benefits.........

Or tell them you will be dog sitting over the summer and won't want it messing in there garden , and perhaps it would be beneficail for you to put a gate up ....

[lou 26]

thank you for your answers.

i will try to do it in a friendly way tigwig, trouble is if we all end up falling out then half the street will fall out with me because theyre all related! lol. will keep you updated though! xxx

thank you for your ideas tufty! lol. ive bene having the same sort of thoughts myself! lol

[lou 26]

and the update is,,,, i tried to be nice about it and the reply i got when i said it wasnt acceptable for their daughter to enter my garden uninvited and i was worried she could hurt herself was "oh" ive got even more problems with it all now! argh!