That is a fair point. I completely agree and I was always willing to take civil action against my other neighbour because although that other neighbour was, and still is, trying to get away with taking some of my land ...it is a civil matter and can fairly be treated as such. The distinction, I contend, has to do with any materials put on ones property and how the respondent then treats that property.
So I ask is a civil response an appropriate reaction to a criminal act?
That of completely destroying my fence? (Wherever in law the boundary may ultimately be found to be located).
The action by my neighbour in the first instance of using criminal damage to gain what she wanted was the act of deviant behaviour from which all other events have flowed. Her unsanctioned action sent two messages 1/ of condonment of damage to get what you want and 2/ that self help is an acceptable methodology in this district. Your colleague Josh is clear that in his opinion a County Court order is always warranted (tho I would assume if you can put a fence in without damage and without removing the neighbours version of a fenceline then her subsequent removal and confiscation of that same fence ...ie the original version back on the same line and parallel with her new, never previously having operated version... is unreasonable (but maybe not criminal? And entitles me to follow suit and to remove hers?). My motivation here is to avoid any implication of acquiesence (?spelling?) and to maintain the on-going presence of my fence.
I do appreciate the consideration you are putting into this answer. Thank you again so much. I really am very grateful for your kind attention. I have struggled with this and in fact you were the first expert from whom i received advice on this site .... so I am now somewhat of a fan!
I was acquitted of all charges in relation to the matters I first raised with you. Inspite of this I now face indirect allegations from the "safety partnership" implying anti-social behaviour. This is through the medium of a threatening letter to my landlord (a friend) requiring him to take over the legal dealings as Freeholder. I believe he proposes to write in reply with my account offering my explanations putting forward counter allegations and asserting my rights as a tenant to take appropriate legal action (I have exclusive occupation) which I am poised to undertake armed as I now am with supportive surveyors reports.
(If I have questions about how to proceed with a rebuttal ... ie: to the view - as if fact - of the safety partnership. ... such as "can legal aid be used to put forward my perspective" for the purposes of an appeal against the registration (and its unjustified implications) which the letter states have happened (fait a complis) who would be the best and most competant and thorough expert to assist and to guide me through please?)
In relation to your points I certainly did approach the local inspector to ask if he would come out and observe the remaining evidence (ie: the last remaining post!) with a view to protection of property and evidence NOT to ask him to mediate ..no...I don't think he would have the competance!
The above request from me came after my neighbour had DESTROYED my pre-existing fence (put up at her insistence in 1999)....leaving, however, ONE, of the three earlier posts, (which was clearly aged and either original ...or older than 12 years). Her action, very remotely, followed a letter vaguely suggesting a threat to relocate the fence, she had used to replace mine (which I had stated I was accepting as a replacement of mine by way of a without prejudice offer, subject to me changing the fence to one of my choosing in materials of my preferance - given this is a south facing boundary and her solid fence is affecting my lawn), still further onto my land. The Inspector came out but with another agenda however and I could not get his attention. Therefore I escalated my concern through the hierarchy and the deputy chief superintendent was assigned to assist me. He kindly offered to come out and meet me but it was conditional. He wanted me to meet with the Inspector simultaneously ...this introduced too many agendas. What I sought was for my neighbour to be advised in no uncertain terms (ie for example under threat of arrest) that if she carried out her threat to move her fence resulting in damage to my property she would be arrested.
This meeting did not happen, however as my other neighbour was clearly encroaching and had just moved her fence further onto my land (both stating that as I was just a tenant I could do nothing about it) I drew a conclusion that it was legitimate to ask my other neighbour to take her fence off my land, or I would do so, as she didn't, following my letter copied to the police, i removed her fence and was proved correct by her own surveyor. A subsequent removal of the post caused me difficullty since the OIC did not even look at the ground markers showing their post was on my side....I was arrested and since acquitted on appeal.
Thats the history. I am agreeable to proceeding against the higher numbered neighbour through the courts. Although they encroached in 2003.... I agree there has been some delay on my part simply because I did believe we could negotiate but now accept that this will not be possible according to counsel's advice so yes i will initiate legal action against my higher neighbour.
With respect to my lower neighbour I believe I can have the reasonable expectation that the police will arrest this woman for the damage she caused to my fence whereafter it would be a matter for CPS to decide whether or not to prosecute...but I would be prepared to withdraw my complaint...since from my perspective if she puts my fence back where it was and takes hers away (and undertakes in writing, via the medium of her solicitor, not to simply put her solid fences on the south side of my semi-open weave fencing) she would then be free to take civil action against me if she still wishes too...but, from the correct starting point, and not having taken advantage of the use of violence. Do you follow me please?