Is this trespass?

Much ado about nowt. Is she a bad neighbour? Myself I would and have asked permission to search for my cats when they were first let out. Seems a bit extreme to take a fence panel out though. Is it worth falling out over? Police? Definitely not.

Trespass is a difficult kind of crime to prove legally, and I think you will only have a lot of trouble if you try to stop a neighbour from entering your garden.

I agree that it is impolite of her to do so, and very odd that she asked you to take fence panels down, so she could get into someone else's garden from yours. I would have refused to countenance that either.

However, I do understand that the lady could be worrying about a missing pet, but the long and the short of it is that if you don't want her in your garden when you are out she ought to respect that.

Whether you have a legal right to try and keep her out, I don't know. I believe it depends on where you live. In Scotland there is no law of trespass, as far as I know, but England is a different matter.

Has she done any damage to your property?

What a storm in a teacup, one of my neighbours often wanders around my garden just to see whats what. I usually notice him out the corner of my eye while I'm on my computor. He has a key to my back door ,as most of the residents in my cul- de -sac have each others key because we are all elderly and the majority us live on our own.I often come home to find a parcel in the kitchen that he's been kind enough to take off the postman ,its saves me having to go to the post office next day. I think I've veered off the subject somewhat ,he ,he.

Like you, I regard my property as mine, and is not to be entered unless invited.

I have a lock on the inside of the gate leading to my garden, so you could consider that. I would not report it to the police because a) they would not be interested and b) would probably cause more harm than good.

I would say to your neighbour that you would prefer her to ask before entering your property; if you are not there, then she should wait until you are. If a cat has found its way in, then it will find its way out.

A locked gate would send that message.

I can appreciate that you were really put out that this lady had been in your garden, and I'm almost sure that the police threat was part of the 'rant', and nothing more. I really enjoy 'Gransnet', but come in ladies, we are all entitled to put our ideas on a 'thread', and also can voice our opinions, but sometimes people go a bit too far, and no one has to put anyone else down....as Carolebarrel said....calm down ladies

It isn't acceptable to have anyone entering your premises without your permission. Wherever I have lived we respected neighbours' property and they respected ours. Of course they could get to the front door but elsewhere is private. Maybe the neighbours are fine but it could be someone who has bad intentions so in the name of security it is best not to encourage anyone to wander onto the property. Your neighbours can keep an eye on your property when you are out and you can do the same to check for intruders. Elderly living alone must ensure they do encourage people to go on their property without permission unless family or carers. I had cats and they are free spirits, no amount of persuasion would get them back from next doors' garden apart from food. I can understand trying to catch a dog but that would mean there is somewhere it breached to escape. I would be shocked to find someone had forced herself (she pushed the bins aside) to get onto my property. It sounds like this neighbour doesn't respect boundaries or she may need medical help. Even if she was usually lovely you would expect her to ask you if she could get on to your property. PS. I never give a key to a neighbour now. I once came home and my freezer was filled with her stuff as she didn't have room! Another time I was on holiday neighbour with key went away for a weekend and her daughter & boyfriend had a party in my house! The mess was a shock, I lost a few precious items. As I had given them a key nothing could be done about it.

My neighbour is a pain like this! We once had her horse jump over and trample round. She denied it, even though there were horse shoes leading to her gate!! We have been next door to each other for thirty years and don’t particularly like each other but tolerate each other. Every day at 1pm she shouts for her cat for lunch and if it doesn’t answer starts searching other people’s gardens. One of these days I am going to take the cat for a really long drive and let it out.......only joking! Irritation rather than world problem!

As it is a civil matter you could send her a letter yourself or get a solicitor to write you one.

It's horrible having people tramping through the garden. Yesterday sitting still in the sunshine admiring the delightful number of birds on the feeders a gang of youths crashed through a gap in the hedge intending to take a short cut through my garden. I don't know how they thought they might get through the gate at the top. They were certainly not school age more university and they argued with me! I'm tall and quite happy to take no prisoners but I felt a tad vulnerable and you can call me petty but they got a bit caught up on the hawthorn on the way back.( hawthorn hedge is very old and where they have died off we have planted more shoots but are waiting for them to fill out)
If they had seen me and called out i would have let the, throughas ive often found stranded tourists or school children on cross country runs and unlocked gates for them.

I also sympathise with you, I would get a lock for your gate. It’s very unnerving having someone in your garden that you weren’t expecting even if it was your neighbour. The house at the back of our garden removed part of the fence so she could look right through into our kitchen. We very quickly nailed a new piece back and planted a few evergreens. I feel so sorry for people like that, they must have mental issues of a kind which is tragic and they need care and understanding but at the same time we all need our right to privacy.

If her cat went missing and that was unusual, then I wouldn't have minded anybody coming in to look for it. It could have been injured. If you were in, then she should certainly have knocked on your door first.

If a child had gone missing I presume you would not have objected? For some people, their pet is just as important.

Carolebarrell -- I'm the same as Solitaire -- albeit I have much loved moggies -- I wouldn't want to go onto someone's property without permisson but all the same I probably would if I thought one of my cats was there I certainly wouldn't damage anything and would ensure I explained to my neighbours what I had done at the earliest opportunity if you neighbour is like me, she's probably just a middle-aged or older lady who loves her baby (cat) -- as some of the other posts said -- make a friend of her -- life's too short, all the best.

Get a lock. We had to after being burgled, our insurance required it.
If your neighbour can get in so can a thief.

Windyweather, I totally agree with you that too many posters are harsh and unfeeling in their reactions to OP requests for advice. Why rush into print with unkind comments? It has certainly put me off from ever sharing my worries.
Carolebarrel, I understand your frustration with your neighbour who is not respecting your privacy but other posters are correct about the probable police reaction. I hope you have success following the more considerate posters' suggestions. Good luck.

I wouldn't dream of going into a neighbours garden without asking and I wouldn't expect any neighbours to enter our garden (but then we don't all think the same do we). Our neighbours ask if they need to come onto our property to do anything (repairing a fence etc). We have a few gates which are all bolted as we have a dog which could run away so we have to keep her safe. Locking the gate is a good idea and so is the security tag idea for the cats collar as we have to do more ourselves to keep safe these days, given the situation with the Police. Some rather harsh posts on here too, when someone was only asking for advice! Wishing you well - hope you get is sorted Carole.

Padlock.

Haha...you'll be lucky if the police do anything. They don't attend robberies, you have to fill in online forms instead unless violence is involved.
Why waste their time?
Just give your neighbour to understand that she MUST NOT enter your garden under any circumstances, otherwise you will report her. Obviously, you aren't going down that route but she won't know.
Is there any way that you could secure your gate with a chain/lock so that she can't get in?
Extreme, I know but that's the only way if she won't keep out.

CB How old is your neighbour to be able to think of removing a fence panel ? she must have been frantic with worry about her missing cat but that does not excuse entering your garden without permission.
Get yourself a lock on your gate and try and keep somewhat cordial relations with your neighbour as we never know when we will need them.

I don’t think I would want people wandering around my garden without my permission, either. However, we’ve got a lock on the back gate. We are also fortunate to have nice neighbours. Our front garden is open to all, as it’s in a courtyard, but we all respect each others space and do not invade it, though if any of us had to retrieve anything from others’ gardens, none of us would be upset about it.
I don’t think calling the police would help, as they wouldn’t view it as serious. Glad to hear you’re putting a lock on the gate and keeping your fence panels intact. Good luck.

I would be very surprised if the police would come out for that. My neighbour used to go through my garden to climb over the fence letting my dog out of the garden in the process. Once I realised how the dog was getting out I put a padlock on the gate.
Lindaylou55 I had a neighbour who used to take in washing and hung underwear along the top of my fence which was really annoying but I let it go. Then I was ill for a while and could not keep my garden tidy (it was not really bad just a bit overgrown). He knocked on my door and said that they were getting rats because of the state of my garden. The people on the other side would throw piles of bread down for the birds - ignoring the fact that only four legged long tailed birds seemed to be attracted to it but they were friends so obviously agreed that the rats were because of my slightly overgrown garden. I didn't see any myself probably because I had a cat who was a good chaser.
Neighbours can be a pain. I am very lucky with those I have now (as long as the problem neighbour doesn't come back She also has a problem but when I complained about her sister buzzing my intercom for 2 hours one morning starting before 6 am the Council said 'well she was worried because she couldn't get any answer from her sister'. They had no sympathy for us at all.) Good neighbours are like gold dust.
I was asked to go on Robert Kilroy-Silk's programme once and talk about neighbour disputes (I knew a friend of the producer) but I can't think of anything I want to talk about less, particularly as I never particularly found the law helpful with my own neighbour problems.

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!

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.

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.

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!

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!