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Is this trespass?

(95 Posts)
Carolebarrel Thu 19-Apr-18 19:38:58

Need to rant. I came home from work today to find that my neighbour (a real pain) has been in my back garden looking for her cat. I only knew because my bins, which I push against the gate, we're moved. I've told her not to come into my garden when I am not there, but should I tell the police or wait and see if it happens again?

LynneB59 Thu 19-Apr-18 19:46:10

Did she touch anything? Tread on any plants? Break anything?

WHY is she a pain? Just because her cat goes into your garden?

Ring the police?! Ridiculous. The police are overstretched, without silly little things like this. You are massively over-reacting. Put a lock on the gate, and don't be so petty

maryeliza54 Thu 19-Apr-18 19:56:05

Trespass is a civil wrong not a criminal offence. What a sad post

Fairydoll2030 Thu 19-Apr-18 19:56:21

What on earth do you think the police can do? They are stretched to the limit at the best of times and investigating a case of your neighbour searching for her cat in your garden would not be one of their priorities! It doesn’t make her a criminal,
I think ‘trespass’ may be a civil offence anyway.

Jalima1108 Thu 19-Apr-18 19:58:50

I wish my neighbours would come and take their cats away from my garden instead of letting them use it as a passage through and a place to poo.

Cherrytree59 Thu 19-Apr-18 20:06:36

You would have to go through a civil court if there was no criminal damage involved.

Just because the bins have been moved doesn't actually mean your neighbour has entered your garden.

What should you do?
Maybe put a lock on your gate.

Situpstraight Thu 19-Apr-18 20:09:52

Our friends neighbour went into his garden whilst they were on holiday and chopped down 3 of his trees, at the stump.
Police not interested.

Carolebarrel Thu 19-Apr-18 20:25:13

Ok ladies calm down! Gransnet is here to ask others' advice after all. Yes she admitted to coming into my garden. Yes she has done it before, yesterday actually, and wanted to take my fence panel down so that she could go through other gardens. However you are right, the police wouldn't be interested. It is alarming to come home and realise someone has been in your garden - not a sad post at all actually maryeliza54.

BlueBelle Thu 19-Apr-18 20:39:33

My advice ... make a friend of her, it doesn’t sound as if she’s nasty just because she’s looking for her cat, as others have said get a lock on your gate if it bothers you
Neighbours are better as friends than enemies

Synonymous Thu 19-Apr-18 20:48:08

Bluebelle is quite right, much better to have neighbours as friends. I am sure I read somewhere that "You catch more flies with honey than you do with vinegar". It was probably on GN! grin

Grannybags Thu 19-Apr-18 21:22:11

She must be worried about her cat if she wanted to take fence panels down to look in other gardens.

Tell her you're not happy for her to enter your garden while you're out but she's welcome to look for the cat while you're with her.

Like others have said - put a lock on the gate

Carolebarrel Thu 19-Apr-18 22:05:24

The last few comments have been positive and appreciated. Thank you. Grannybags, that is exactly what I told her, so hopefully it will be an end to it. A lock is going on the gate this weekend!

paddyann Thu 19-Apr-18 23:08:28

no law of Tresspass in Scotland ,as long as you dont cause damage and keep a discreet distance from peoples windows theres nothing to stop you looking for your cat in next doors garden..or walking accross a farm or estate

Granny23 Fri 20-Apr-18 08:32:47

Tell your neighbour about tracking devices for cats. There are various types, mainly ones that attach to collars, but even Hitech ones that allow you to tell the cat to COME HOME.

Goodgenes Fri 20-Apr-18 09:02:33

Well, I think she's out of order. I wouldn't dream of going into someone else's property unless I'd asked permission.
I'd be horrified to look up from my sitting room window and see anyone - neighbour or not - walking around my garden.
Perhaps if I'd seen my cat was trapped or in distress that might be different, but if I was just looking for her - no way!

Windyweather Fri 20-Apr-18 09:13:22

I agree with you Carolebarrel. You have every right to feel annoyed that your neighbour came into your garden without permission and as for taking down a fence panel... unbelievable!! It shows a lack of respect for you and your property and the OP who made out you were being unreasonable is wrong.

I don't post that much, as I've seen enough that I feel are overly harsh and don't want to put myself in the firing line for a seemingly innocuous request for advice.

Nannarose Fri 20-Apr-18 09:29:30

I see both points of view. It is unreasonable of her to come into your garden without permission, unless it is an emergency (we did this when looking for a lost child - not ours!)
It is also not something in itself to get too bothered about. However, I suspect that Carole has other reasons to be bothered about this neighbour, who has done this before. Wanting to take down a fence panel (to get into the next garden along?) may indicate distress, but my immediate thought was someone who is beginning to dement, or has some mental health problems.
Reading between the lines, it sounds as if the neighbour is fussy about her cats, but actually not that careful. Sadly, I have known quite a few people who act somewhat obsessively about their animals in this way, so I would be rather concerned. The collar suggested sounds like good idea, but I wonder if she would take notice of you? maybe another neighbour could suggest it?
The advice about a lock is also a good one, but depends on the layout of your house and garden - would be difficult for us.

Turquoise123 Fri 20-Apr-18 09:32:57

hhmm have to say some of us get a little silly about pets and do daft things.

The lock sounds the answer doesn't it ?

Supernan Fri 20-Apr-18 09:36:20

We have a similar problem with a neighbour. We have put locks on the gates and cameras up. I do sympathise with you. It’s not a pleasant way to have to live. Those who make light of it have obviously never experienced it.

radicalnan Fri 20-Apr-18 09:37:41

Get a lock and get a life!

Call the police????? I would call that wasting police time.

You may not welcome her intrusion but it is hardly a crome and you may need her help one day.

Oldwoman70 Fri 20-Apr-18 09:40:42

I can understand the OP being annoyed if she has told the neighbour not to enter her garden in the past. I do think there is more to this than just her looking for her cat. The OP refers to her neighbour as "a pain" so there are obviously other issues between them. Putting a lock on the gate could solve the problem, although it depends on how high the gate is and how athletic the neighbour is!

Lindaylou55 Fri 20-Apr-18 09:41:20

My daughter had to put a 6ft fence round her back garden as she was coming home from work to find the old alcoholic up the stairs had hung his not so clean underwear on her washing line. Not sure if it was the best thing to do as he has made her life hell since then. Complaints to council are not working, as he has "a problem" !!Some people just think the world owes them!

Alidoll Fri 20-Apr-18 09:52:19

The poor woman was worried about her cat. She probably DID knock at your door but you weren’t in so had a quick look round the garden to see if it was there. She admitted she accessed your garden to look for her car and you want to call the police!?! Jeez Louise, overreaction much?!

As others have suggested, put a lock on your gate and if you REALLY don’t want her gaining access then you can order some of those pigeon / cat deterrent spike strips / anti climb paint and attach / paint the top of your fence with that and erect a sign with “private property - do not enter” or words to that effect.

Or you could get a massive dog and have it in an outdoor kennel with the garden as it’s run - will stop her cat coming in as well as her.

Coco51 Fri 20-Apr-18 09:52:35

Carolebarrel I think these posts have been unduly harsh. I sympathise with you: this woman is invading your personal space. If she wants to wander in other peoples’ gardens I wonder if she is not a well person, in the sense of mental illness? If you can put locks on the entrance to your garden that would be best, but try to make sure there is no hazard that could injure her in your garden - there is an ‘Occupiers Liability Act 1964’ which means she could sue you for any injury she sustains while on your property - even when she is trespassing. Maybe you could write her a formal letter (and keep a copy) saying if she comes into your garden again without your permission you will not be responsible for any injury she might sustain and you will seek a restraining order against her (although anything legal is likely to be very expensive). Sadly we can no longer rely on the police to do anything - I am a victim of probate fraud, the executors have crossed the line into outright criminal behaviour and stolen thousands of pounds from me but the police just don’t want to know. I wish you well.

Solitaire Fri 20-Apr-18 09:56:06

My Ragdoll cat is an indoor cat because she has no road sense.
On the few occasions she has wandered out through an open door I have gone in to neighbours gardens to look for her. If they're home I'd ask but if not I'd go in. I'd be appalled if I'd been reported to Police!