Neighbour Used Stepladders To Gain Entry Into My Garden For Football

[GrandmaCat]

A neighbours son constantly kicks ball up my fence and hits my windows,he's constantly coming in garden for ball,I've asked nicely many times to move further away so this doesn't happen but still keeps doing it, I have put padlocks on gate now, other day his father used stepladders to gain entry into my garden to get ball back..this as now left me feeling vulnerable,as I'm disabled and have mental health problems. How can I get them to stop when I've already asked nicely for them to stop..the lad as even thrown food and stones at my bungalow. 

[Peter Pedant]

No you cant put carpet nails on the top of the fence. - that is you have a duty of care to a trespasser - Herrington v BRB I think.

Puncturing the ball is criminal damage. You could say the dog did it with a knife between its teeth.

 

 

 

[vulcan42]

My neighbours garage is next to my garden and of course a garage door makes a perfect goal. Unfortunately the boys aim was pretty bad and the ball ended up in my, or my other neighbour, gardens. Our problem was if the ball came in there wasn't just the one lad came in to get it, they all did, destroying plants and trellis etc. In the end we put up anti burglar strips which solved the problem. Ironically the football skills improved when the girls started to play.

[GrandmaCat]

I have read up on law concerning cat/burglar strips for the fence , this is allowed aslong as you put a sign up stating you have them on fence... I live on row of bungalows only there is no garages connected to my property...they have plenty of room on the street to play further up but they don't, they use my fence as a goal post. 

[rowanwitch]

Thinking outside the box.... Maybe buy them a garden goal they can place where shooting practice is in a different direction.  Neighbourly gesture 

https://www.amazon.co.uk/Happy-Jump-Football-Training-Festive

[davebro3]

//the lad as even thrown food and stones at my bungalow. //

This is more serious & worrying than simply a stray football. I would definitely be taking this to the police before it escalates. CCTV could provide useful evidence.

[GrandmaCat]

R.W .. why should I be buying disrespectful kids a goal post that's their parents job to buy them things, anyway I don't have the money for other kids I've enough with my own grandkids. . They have plenty of space to play further up the street up they don't and they are not small children they are aged between 10 to 15 plus their parents join in aswell . .. they shouldn't be booting balls up pensioners fences.

[douglas9401]

This is what happens when you take them off the road and put them in houses.

[New Judge]

“Barrett Homes and West Yorkshire Police say that neighbours are legally obliged to return a ball that lands in their garden. Not doing so could see them prosecuted as this is technically theft.”

I don’t know about housebuilders, but that statement demonstrates why you should never take legal advice from the police.

The Theft Act says this:

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

If you simply leave the ball where it landed you cannot be guilty of theft. You have not acted dishonestly (in fact you haven’t acted at all). “Appropriation” means taking for one’s own use, and (as far as theft goes) typically without he owner’s permission. Since you were not responsible for the ball ending up where it did you did not “appropriate” it and have no intention of using it. The prosecution would also have to show your intention to permanently deprive the owner of it. By leaving it where it is you simply haven’t got round to dealing with it. If the owner knocks at your door, you have no obligation to allow them to retrieve it and can be “too busy” to do so yourself.

If you take it inside with the intention of keeping it that’s different. But you have no obligation to retrieve it and return it. If you did you would have to do so every time it landed in your garden so would have to sit outside whenever football was being played just in case it came over the fence. Similarly you have no obligation to allow the owner on to your property to retrieve it.  If he enters your property without permission it is trespass (a civil matter). If he does so with the intenttion of intimidating you it is aggravated trespass (a crimial offence).

I’ve read this nonsense from the police before when they have threatened a householder, who was  the victim of ASB in these circumstances. It’s an easy get out for them to threaten the victim with prosecution for theft rather than deal with the ASB. But there is not a court in the land which would convict a householder of theft in such a situation. In fact it would not even get beyond the CPS. 

[GrandmaCat]

Judge . 

I have let them in to retrieve the ball many times or I've thrown it back over to them many times but when it gets like over 5 times within a few hours it is annoying especially when I'm disabled.. on the occasion of the step ladder to gain entry they did not even wait for me to throw it back over they just went to get stepladder and climbed over. It's this that as annoyed me more by using a stepladder to come into my garden and did not wait for me to throw it back over. . At 1st they used to knock to get ball back but its got so they don't even ask and just walk in. I don't mind a few times but it's getting beyond the joke with them now. That's why I put a padlock on my gate as I have garden furniture and garden items in my garden which I don't want getting pinched as the area is bit bad for thefts in gardens.  I suffer with bad nerves and them invading my property like that as made my nerves worse, I also have a bad heart and do not need this stress.

[chelle7272]

Perhaps you could talk to them about putting up some netting on top of the fence so the ball doesn't come over. 

i appreciate you may not be feeling generous towards them when they have trespassed and thrown things at the house, but I'm sure they would find it easier if they didnt have to come and keep fetching it. An amicable solution with neighbours would be better in the long run then involving the authorities which may inflame the situation.