neighbour is trowing bottles over my fence police say there is nothing they can do unless it damages property they say it is a civil law what civil law is it
2007-01-13 23:07:52 · 7 answers · asked by ace 1 in Politics & Government ➔ Law & Ethics
Well, it is littering, which is criminal. But, you would need proof that they threw it over(ie. a video showing your neighbor doing so). Without it, it is your word against theirs, and they can say you just keep a dirty yard.
It will likely cost you more to purchase a camera and actually set it up, than it will cost them if they are caught and fined.
2007-01-14 00:15:54 · answer #1 · answered by ? 5 · 0⤊ 0⤋
Trespass. Anytime someone causes a person or object to enter onto the property of another it's trespass. Document what's been tossed (pictures would be nice, be sure to include dates), calculate your damages, and file a suit in small claims court. That way you won't need a lawyer. Ask for the court costs, damages (time spent cleaning the mess multiplied by the cost of a landscaper for that many hours would be a reasonable measure) and ask for an injunction forbidding the neighbor from doing it in the future. If you get an injunction, you don't have to sue him again, you can just go to the court and ask for enforcement of the order. If you have all the evidence and an organized presentation of what you want, the judge will likely take care of you. Just be polite and remember, you're there to tell the court what happened, not argue with your neighbor. Stick to the facts you presented and don't try to bring up other issues (like if he always plays loud music or doesn't mow his yard) unless you've included these in your complaint. Since I brought that up, music and failure to maintain are nuisance actions, and are also actionable. And I don't know where you live, but trespass is a criminal offense where I live.
2007-01-14 09:58:18 · answer #2 · answered by bestguessing 3 · 0⤊ 0⤋
don't know about any laws since you dont sound american and i happen to be one. but first, why dont you try some equal justice. throw his garbage back over the fence, add a bit of your own and maybe he might get your point. good luck and i hope im not the neighbor your talking about
2007-01-14 07:18:28 · answer #3 · answered by francis g 5 · 0⤊ 0⤋
You must personally sue for damages quoting applicable case law presedents.
Also you might be able to get a restraining order.
How did you acquire such a moronic Neighbor?
2007-01-14 07:17:34 · answer #4 · answered by fatsausage 7 · 1⤊ 0⤋
As The Dude said, it's trespass. You'll need proof, and hiring an attorney would be smart if you really intend to pursue a case.
2007-01-14 09:01:55 · answer #5 · answered by st_mel 2 · 0⤊ 0⤋
It is a civil matter. You have an action for tresspass. I don't know if you live in the UK, but if you do, you should call the Environmental Health department in your local council.
2007-01-14 08:35:33 · answer #6 · answered by Cracker 4 · 1⤊ 0⤋
Ask them. Claim one hit you in the head and sue. LOL
2007-01-14 07:19:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋