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AIBU?

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Original poster

To not preemptively report neighbours to the police?

436 replies

Mrbluethecatt · 21/08/2017 15:32

I have a large back garden, large enough to have a trampoline, swing set with climbing ropes, cargo net and shoot. There is also a skateboard ramp type thing. This part of the garden isn't visible from the side gate.

Over the summer dss13 used the garden with his friends so the side gate wasn't always locked (with padlock and key). DH actually lost the padlock at one point so it was unlocked all the time when we were at work and dss13 was at summer clubs.

As the schools went back last week I asked dss19 to pick up a padlock and lock up before going out Friday morning. Dss19 picked one up and returned home, locked the side gate (without going into the garden). He was wearing his headphones (this is relevant).

I got a call from nice neighbour as he heard shouting at my front door with other neighbour banging on it. He was gone by the time I got home but left a note.

Essentially his DW had let their 3dcs (under 7) play in my garden (without our permission). This is something that she had done many times before when we were out. She then tried to leave but the side gate was locked. She had told her DH that she shouted at DSS who locked her in anyway. She got upset called him very upset as it was raining, kids crying etc.

Her DH had to leave work and get ladder to get them out of garden. The side gate is metal and is part of our garden wall. The note said that we were out of order, we have traumatized the DCs. He intends to report us to the police for unlawful detention. Hmm

Both DH and I have tried to speak with him and his DW over the weekend but they never answered their door. Dss said he didn't hear anything as he had his music on. I have suggested to DH we write them a letter. Telling them they were trespassing and shouldn't have been in the garden and that we are not responsible for what happened. DH also wants to preemptively report the neighbours to the police just encase. I think the neighbours are all talk and won't have went to the police themselves. DH disagrees. Should we report them?

OP posts:
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AnneSansTete · 21/08/2017 16:21

That's diagram is the exact layout of my garden. You're not living in my house when I'm out are you?

NoFucksImAQueen · 21/08/2017 16:22

Well that's natural consequences for you. They won't trespass in your garden again I bet Grin

LadyMonicaBaddingham · 21/08/2017 16:23

Forgive me if I'm wrong, but I thought trespass was considered a civil matter and the police won't give two hoots either way? CFNs need to give their heads a wobble.

Second the suggestion of a camera (preferably one that would allow you to shout "Get off my land!" through it as well)

Huffletuff · 21/08/2017 16:24

Your neighbours are insane.

Write them a letter stating that if they trespass on your property again you'll be contacting the police. Also mention that you will now be getring security cameras. I'd perhaps go even further and say that that you will be inspecting your equipment for damage and if there is any, you now know who to forward the bill to.

Original poster
Mrbluethecatt · 21/08/2017 16:24

AnneSansTete yes I am. I'm a bit disappointed with the biscuits available. Room for improvementWink

OP posts:
JigglyTuff · 21/08/2017 16:25

Yep, I'd write her a letter and tell her that you didn't give her permission to go into your garden and you will be keeping the gate locked in future as it's private property.

Cheeky fuckers

wowfudge · 21/08/2017 16:25

Do not write them any kind of letter - you don't want to document this or inflame the situation. At most, pop a note through stating you have been trying to contact them and leave it at that. Speak to them if they deign to get in touch but don't apologise - they shouldn't have bloody well been in your garden and I can't believe they think anyone other than themselves is at fault. It is entirely possible the wife has told her husband they had permission to be there because of course she looks a total pillock getting them all locked in your garden.

To the pp about the law regarding trespassers - what exactly is the CFN's complaint? We got wet in the rain and couldn't climb the fence or gate? Can you see them suing for that?

Mummaofboys · 21/08/2017 16:26

If the neighbours do end up contacting the police they won't do anything other than maybe come around for a chat if they do they may also ask you if won't you complain about them trespassing. It's a good idea to write them a note stating they are not to enter your property. IThink your next door neighbour is a silly woman, you haven't done anything wrong.

5rivers7hills · 21/08/2017 16:28

Just totally ignore it. There is nothing to be gained by engaging.

coddiwomple · 21/08/2017 16:31

avoid accusing them of trespassing (because it just looks like you are being petty too)

if your neighbours decided to let themselves in and watch tv on your sofa, would it be petty to accuse them of trespassing too ? It's exactly the same! Totally unacceptable.

I would document the whole thing, and send them a recorded letter strongly complaining about their behaviour. Are they utterly insane? If they had hurt themselves whilst in your property, how quickly would they turn against the owner.

OP, you are remarkably calm about it, I applaud you, because I would not be so friendly.

Babbitywabbit · 21/08/2017 16:34

Cheeky fucks! I wouldn't bother with the police; hopefully now they'll realise they've been idiots and will keep out of your way

ElizabethShaw · 21/08/2017 16:37

I would send a nice note just for the sake of neighbourly relations, saying "sorry the children got a fright. DSS had no reason to believe anyone would be in the garden without permission and didn't see or hear anything".

StealthPolarBear · 21/08/2017 16:37

Google suggests there is a limited duty of care to trespassers but unlikely to apply in. This case. However now you k ow you have trespassers you need to take care to make sure they're not back imo

Icequeen01 · 21/08/2017 16:38

Let them report you to the police. The police will have a good laugh I am sure!

TheHodgeoftheHedge · 21/08/2017 16:38

Unbelievable the cheek of some people.

Mrscropley · 21/08/2017 16:38

Send them a bill for the childcare your garden has provided them with. .

Nicknacky · 21/08/2017 16:39

Noooooo don't apologise for the children getting a fright! None of it was your fault so don't apologise.

And all this talk about lawyers letter etc, you have done what you can and they are clearly ignoring you so I would just leave it alone now unless they speak to you again about it. They have probably realised they were in the wrong and are too embarrassed to admit it!

LoyaltyAndLobster · 21/08/2017 16:43

😂😂😂😂😂😂😂
Well at least that will keep them out of your garden.

Kirbs1979 · 21/08/2017 16:48

I think pp's are thinking of the Occupiers Liability Act 1984 which is an update of the 1957 Act and includes a limited duty of care to trespassers. It's more for injury claims so i don't think it would apply in this situation.

Goingtobeawesome · 21/08/2017 16:54

Is the padlock locked onto the outside of the gate?

yorkshireyummymummy · 21/08/2017 16:56

Considering a property owner is responsible for the safety of whoever is on their property - wether owner is in or out ( like when the postman comes) and wether or not the ' visitor ' has permission to be on the property ( like when a burglar comes). IF your neighbours delightful children had injured themselves on YOUR children's outside play area you would be liable for being sued. Yes I know it's utterly ridiculous but this is how the law stands. In light of this I would write a letter to the neighbours on my computer ( and keeping a copy on computer). I would keep it in very non aggressive, clear terms stating how you understood that their children had been using your garden without your permission and that you are politely asking them as the parents to ensure that their children don't come into your garden again without seeking permission first as this will ensure nothing like the incident of xxxxxdate happens again.
This is what I would do as it puts you on a much firmer footing if they DID do it again and one of them was injured. Can you imagine saying to your insurance company ' well, when it happened the first time the general consensus on Mumsnet was not to write them a note........'
Obviously this is simply what I would do, there are other factors to take into consideration like where you say " this is something she had done may times before when we were out " were you aware of it? Had she asked your permission previously and just assumed she had a blanket carte Blanche to enter your garden at will? Are you friends with them?
I would also keep their letter to you - just in case.
But personally I would be furious if somebody just entered my property and used possessions in the garden without permission.

Nicknacky · 21/08/2017 17:01

yorkshire I'm genuinely interested but can you link me to law or similar which says that about an owner/occupiers responsibly for persons on their property (and bear in mind the op is in Scotland)? Tanks.

intergalacticbrexitdisco · 21/08/2017 17:03

Looks like they need a stronger padlock on the gate at Cheeky Fucker Land!

pictish · 21/08/2017 17:09

Neighbour

Just need to make couple of points with you regarding the incident with the gate.

Firstly, (stepson) padlocked the gate while listening to music through his earphones so he had no idea you and your children were in our garden. He didn't knowingly detain you, unlawfully or otherwise.

Secondly and more importantly, what the hell were you doing in our garden in the first place? How bizarre! I didn't give you permission to let yourselves in and I am astonished and dismayed that you took it upon yourself to do so. You had no business being in my garden whatsoever! It's entirely your own fault that you were inadvertently locked in, therefore you can take your threatening note, roll it up tightly and insert it into your bottom.

If I hear of you treating my garden like your own personal play park again it will be ME calling the police in order to deal with your unlawful intrusion into my home. Is that clear?

Blue.

Moreisnnogedag · 21/08/2017 17:11

Actually the presence of the parent I believe would reduce the OP liability as they are deemed responsible for the children (and therefore their safety). Having said that I would write them a letter telling them in no uncertain terms to stay off my property. I'd also get a camera.

The sheer fucking nerve of it!!

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