- August 17, 2023
- Posted by: legaleseblogger
- Category: Related News
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I recently received a letter from a solicitor regarding a complaint from my neighbor, delivered through a Sherriff officer. The letter alleges that I have been entering their property repeatedly without permission, and they threaten to take the matter to court if the behavior persists.
Background: To provide context, it is important to note that my neighbor has exhibited concerning behavior in the past. They live in the other half of our semi-detached property. The term “repeatedly” is subjective, as it refers to only three instances within a span of 12 years. In one incident over a decade ago, I had a conversation with someone on the street and inadvertently stood about half a meter into my neighbor’s driveway. While the gardens are approximately 6 meters apart, with no proximity to any windows, my neighbor began shouting for me to leave their property. Several years later, I was unloading long timber lengths for a fence, which was not encroaching upon their boundary nor causing any damage. These lengths merely overhung their garden, extending approximately 1 meter. Once again, my neighbor emerged and shouted at me, claiming that I had entered their property. Recently, due to a delivery mix-up, a letter meant for them was delivered to my house. While returning the letter, I walked up their driveway, and on my way back, they confronted me, demanding I leave their property.
It is evident that my neighbor has showcased erratic behavior, leading me to question their mental state. The intensity of their reactions is highly unusual, and it is disconcerting to witness such disproportionate responses. This individual has also displayed hostility towards other neighbors, including complaining about a neighboring cat “resting for prolonged periods of time” in their garden. During all these encounters, I have remained courteous, promptly complying with their demands whilst being taken aback by their actions. The situation escalated significantly when another neighbor became heated, resulting in police intervention.
Yesterday, I was served with a letter from a solicitor by a Sherriff officer, threatening legal action if I persist in entering my neighbor’s property. While I do not wish to escalate tensions with this individual, it is crucial to address certain issues that arise from the accusation. It seems unreasonable to live a life where I am unable to lean on their wall, or where my dog or grandchildren accidentally stray onto their drive, which is positioned adjacent to mine. Are there not laws that permit certain access to properties, such as for deliveries or salespeople?
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****** just grabbed a
I would just stop stepping on his property. If you get a letter of his by mistake, put it back in the post, don’t attempt to deliver to him. It’s literally not worth the headache.
If you have legitimate business, there is implied consent to access the property to complete that business (such as delivering post).
However, the land owner has a right to remove that consent. Essentially, you’ve been asked not to enter their land – so you shouldn’t enter their land.
He has rescinded your right to enter his land. So don’t. He might be mental and this situation may be well over the top – but he doesn’t want you on his land, so just don’t go on his land, seems like a simple solution.
Leaning on boundary walls / fences (if you are on your side) isn’t a problem.
If you look at it from an extreme view, imagine the following:
You live next door to an absolute monster, they keep coming onto your property, letting their dogs shit everywhere, trampling your grass, invading your privacy.
Imagine that is going on for YEAR… But tough, you can’t do a thing about it. – That would be pretty awful I’m sure you agree.
Just wash your hands of the situation, don’t enter his property, make sure your grandchildren and dog don’t either.
Refuse any deliveries for them.
No, you donÔÇÖt need to lean on his wall or stray into his driveway. Neither do your grandkids. ThatÔÇÖs exactly what theyÔÇÖre telling you. Stop straying onto his land.
I wouldnÔÇÖt bother delivering letters. IÔÇÖd just pop them back in the postbox or hand them back to the postman.
Gotta say, I think you need to shift your thinking a bit.
Generally, I’d agree that people casually using my garden for their own purposes is rude and intrusive. It’s not for you to decide when a tresspass is permissable. It’s his land, he gets to decide that. I get annoyed when people decide they can tresspass “a little”, I think most people would.
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Granted, your neighbour sounds like an arsehole, and three very minor instances in a decade is the sort of thing they should just forget about.
But I do think your attitude of “C’mon, I’ve gotta tresspass *sometimes*” is a bit wrong-headed. You don’t *need* to tresspass, ever.
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Your neighbour has communicated very clearly not to enter his land. It’s OTT, but I think you need to resolve not to enter it no matter how reasonable you think the circumstances are.
Any letters to him should be returned to sender, any conversations should be held on the public pavement, any large objects need to be manoevered without entering his land.
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I think his position is OTT and unreasonable. But I also think your attitude to the matter is incorrect.
I would honestly just ignore him and wash your hands with the whole thing. Don’t go on his land, don’t engage him and just pretend like he’s not even there.
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OP, none of these answers about common right of way, trespass or access for posties are relevant. In a residential property setting with what is effectively a boundary access dispute, what you will need to do is get the titles to both properties and find out what your access rights are to the common parts (usually they are unrestricted, because, for example, if you live in a flat you need to be able to access the stairs, but this will be particular to your building). The word you are looking out for is “servitude”. Having established what the titles say my advice would be to stay off any areas of his property to which you don’t have access by virtue of the provisions of your respective titles, because it sounds like he will indeed take steps to prevent that which is best avoided.
Neighborhood mediation can be useful sometimes – if you Google the Scottish mediation centre you can get more info.
Might be an idea to reframe this as your neighbour being unwell, not “mental” and out to cause you harm. Saying that, there are people out there who can’t be reasoned with and it’s usually better not to live next door to them. But here you are. I’d take the letter into a solicitor and get some accurate advice about your options because he could sue you – there is no way of preventing that whether it has any merit or not, so heading that off would be sensible.
It’s not your land so stay off it. It really is quite simple. Even if he’s “mental” he has every right to keep you or anyone else for that matter off HIS PROPERTY.
There are laws to allow certain people access to land just as you say, for example delivery people and salesmen.
You are neither.
Without going too heavily into the repeated use of the term ÔÇ£mentalÔÇØ, youÔÇÖre clearly aware that your neighbour suffers from mental health issues which, by the sounds of things, alter his perception of reality. It may be the case that these three times that you happen to have crossed the boundary are moments that are very vivid to him. ItÔÇÖs reasonable to suggest that many of the instances where people have walked onto his land (whether recklessly, haphazardly or otherwise) are vivid memories to him.
Whilst it may seem like an overreaction to yourself, itÔÇÖs likely perfectly reasonable in his mind. Ultimately all heÔÇÖs asking you to do is not walk on his land. Try not to.
Why do you want to?? Just donÔÇÖt enter his land as requested. Got his mail? Return to sender..donÔÇÖt take deliveries etc etc
My quick analysis of the situation.
You arenÔÇÖt covered by the right to roam because you are entering this dudes property close to his house. The Land Reform Scotland Act has specific provisions relating to ÔÇ£roamingÔÇØ near peopleÔÇÖs houses.
GOOD NEWS THOUGH! The delict (tort for the Englishers) of trespass only loosely applies and will have little effect in your situation.
Trespass in Scotland is the temporary intrusion into the land of another, this includes things moving across the property, like wood (Brown v Lee Construction Ltd 1977).
Trespass is generally not a criminal act, but there are cases where camping (outside LRSA) is a criminal act and a whole bunch of offences aimed at new age travellers in the Criminal Justice and Public Order Act 1994. These shouldnt be an issue.
Your neighbour may try and interdict you in civil court to prevent you from entering his land again.
The typical defences are:
consent (you obviously donÔÇÖt have),
permission to trespass by law (donÔÇÖt have),
you were entering under emergency circumstances (doesnÔÇÖt seem to have been the case).
That being said, to actually interdict you, your neighbour would likely need:
proof of your trespass (Warrand v Watson (1905) SC 175)
Proof they warned you not to trespass before seeking an interdict (Paterson v McPherson (1916)
And MOST IMPORTANTLY OF ALL, some basis for the fact that your trespass isnÔÇÖt trivial. An interdict won’t be awarded if the trespass is trivial (Winans v Macrae (1885) 12 R 1051) – sought interdict to stop defender from grazing cattle on his 200,000 acre unfenced grazing land, the defender had a single pet lamb, interdict was unsuccessful.
In my opinion, the instances of your trespass are pretty trivial. I do wonder if the ÔÇ£vividnessÔÇØ of these situations in the mind of your neighbour as caused by mental health (suggested in other comment) could be used as evidence for de-trivialising your intrusions. I imagine that Scottish case law surrounding small intrusions being considered as non-trivial is pretty small. YouÔÇÖd imagine thereÔÇÖd be signs or even a polite explaining letter from your neighbour if this was the case.
Also worth checking your title deed to see if you have some kind of protection that way.
You should be good
I mean, just don’t go on his land. You shouldn’t be “straying into his driveway”. I don’t think my neighbours have ever just been in my driveway for no reason, and if they have needed to be for some work or anything, they have asked in advance.
Mate, don’t step on his property. It isn’t hard yo.
Even “mental” people are allowed quiet enjoyment of their property. Stop trespassing.
Sorry OP, but land laws fo in fact exist and the owner of said land is using it correctly.
What may seem mental to you is an earned (paid for) right to others.
IÔÇÖve got a professional job and am on a range of psychiatric medications, lol. I know what you mean though, he does sound a bit unhinged. With the post, I would just shove it back in the post box, let Royal Mail deal with it. Why should you go out of your way and end up getting shouted at.
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IMO, what is he going to do about it. “Refer it to the courts”… so, sue? Sue for what? Dude sounds mentally unhinged. He may not want you or anyone on his land but there isn’t much he can do in reality except physically keep you off.
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Might be worth a vid/security cam in the direction of disputes just to cover your ass just in case
I mean, the easiest thing here would be to simply respect his wishes and donÔÇÖt go on his land. YouÔÇÖre describing him as ÔÇÿmentalÔÇÖ but you seem to have an incorrect perception that you can repeatedly enter someone elseÔÇÖs property boundary despite explicit communication not to.
Stop entering his property and you wonÔÇÖt need legal advice.
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Let him take you to court. The judge will berate him for being to petty and send him packing!
Thanks for the replies everyone.
For everyone advising me that there’s no criminal worries about this – thanks.
For everyone advising me that I shouldn’t be doing it… tell me you’ve never delivered wrongly posted mail, or put your hand over someones garden, or stepped onto someones drive to clean up dog poop or gone into someones garden to collect your ball when you were young….
For everyone trying to be a scottish slang expert – you’re mental 🙂
Its been eyeopening – seems the world has gone mental.
Is the overhanging of an item above someoneÔÇÖs property considered ÔÇ£enteringÔÇØ it in law?
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Honestly, he sounds an absolute prick! But hes an entitled prick so just dont go on his land, would be absolutely awful if he went down clutching his chest on his driveway or in his garden at some point..
Not an expert but as far as I’m aware there are no trespass laws in Scotland, unless it’s very obviously governmental/military grounds, and we have the Scottish open access law (right to roam) where normally you’re allowed to access others land as long as you’re not forcing your way, damaging property or causing majour distress.
Again not an expert but I worked with park rangers where this was handy to know as we would often have to pass through farmers land.
Sounds like your neighbour is just a bit of a numpty with nothing better to do or has some screws loose.
OP as others have said under UK law if you have legitimate business with the home owner/occupier ie postman/woman, tradesperson etc it falls under Implied Right of Access though this applies if there is no gate or if there is a gate that isn’t locked. Regardless of his mental state he’s enacted WIRA (withdrawal of implied right of access). This can be done verbally,in writing (letter or email) or by signage for example No salesman etc.
Once WIRA is invoked any attempt to enter his land is trespass in most cases aggravated trespass
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Can you sue him for slander? Given he’s misrepresented you?
Unless it’s a public path, bridleway, access, or national park, they absolutely can. The owner of the land doesn’t need to be running a business or have much of a reason. It’s a ‘polite’ notice to you before having you trespassed.
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