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Who Is Liable? Kids Kicking The Footballs Or The Council Who Installed The Goal?

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Mother3 | 16:02 Fri 10th Jun 2016 | Civil
17 Answers
My garden backs onto a Recreation Ground and there is a goal at the bottom of my garden. The goal has a sign saying for under 12's only but older youths play there and kick the balls over a high fence into my garden. Can I take action against the Council for putting a goal there?
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try contacting the council re moving goal & see what they say
Question Author
The Council says no to removing it but they have installed a 16ft fence across the back of my garden instead - balls are still coming over
Couple of poles and a bit of netting - problem solved
What, over and above the sixteen foot fence? So the poles must be twenty feet plus to give any significant extra protection.

How long has the goal been there, mother?
I used to have children playing football at the back of my house, the garage doors made a perfect goal mouth. I didn't mind them playing there but the ball was coming into my garden twenty/ thirty times an evening. It also took four of them to climb the wall to retrieve it. I made a sign which read any balls that land in my garden will be kept and owners can collect them on Sunday evenings. It was amazing how quickly their football skills improved.
'how long has the goal been there, mother' LOL LOL.

Seriously, I feel for you and I would hate this, but knowing Councils, I bet they won't do any more !
I'd do exactly as Vulcan advises, Mother......return the balls, once a week...with a smile......x
i'm not sure that taking legal action is the best ide. The council are doing what they want on their land - i don't understand what you want the outcome to be?
Question Author
I want to sue them for nuisance
If this goes to court (which it won't unless you go to Judge Riender!!) the council will ask what have they done to counter act this - they will state that they have given you a bigger fence - judge will be satisfied!

Out of interest - how long have you lived in the house?
How long has the recreation ground been there?
Question Author
the fence is high but I want the goal removed and the council held liable for the stress they are causing me
You would have to show that the council is unreasonable in providing football amenities in a public park and have not taken reasonable steps to improve the situation for you.

How long have you lived there

how long has the rec ground been there?
Question Author
the recreation ground was there when we moved in but not the goal
No mother I think you are barred by this case

https://en.wikipedia.org/wiki/Dorset_Yacht_Co_Ltd_v_Home_Office
This isn't a case of negligence, it is the tort of nuisance, peter.
no if you read
https://en.wikipedia.org/wiki/Nuisance_in_English_law

you will see it does not concern the tort of nuisance ....

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