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F E Smith
F E Smith, Solicitor
Category: UK Property Law
Satisfied Customers: 9683
Experience:  30 years General Practice. All aspects of Property Law
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Our neighbour has painted one wall of or house and drilled

Customer Question

Our neighbour has painted one wall of or house and drilled into it to fix lights and also fixed security camera to front of house. This wall is not a party wall, but is 'enclosed' as he has attached a door to both our properties, providing access to our flat. I had previously told him we could not allow any drilling etc into our wall as we had serious damp problems. We are no longer on good terms as he provided us with a false invoice re repairing our joint party wall. Is this illegal under Criminal Damages Act?
JA: What state are you in? It matters because laws vary by location.
Customer: Oh ! I'm in London UK.. are u US site
JA: Has anything been filed or reported?
Customer: No, but when I went out jst now to inspect the 'damage' (gap) round security camera he fixed to our house he shoted and swore at me telling me to get off his land (he only has a flat).. so I want to write an email warning him about this unacceptable behaviour (which I can do under Public Order Act 92 I believe. And at same time tell him we are entitled to remove his fittings if we choose... under which Act please... is it Criminal Damage? We told him not to before he did.
JA: Anything else you want the lawyer to know before I connect you?
Customer: What does this cost?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Property Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: But if you are in US the laws will be different. Also what do you mean by 'the rest'
Submitted: 1 month ago.
Category: UK Property Law
Expert:  F E Smith replied 1 month ago.

Hello - are you the home owner? are these privately owned or rented?

Customer: replied 1 month ago.
I want to know exactly which laws cover his behaviour please.
1) sending an invoice from a company he WAS NOT USING including VAT to foor our share of repair to a garden party wall.
Is this fraud and what act covers it?
2) painting and drilling into one side of our house having been told not to because we had problems with damp etc.
Is this Criminal Damage?
3) shouting abusive and threatening language at me when I went to inspect the lamp and security camera he had attached to our house.
4) What are my rights of remedy (eg making him take down fittings and repair damage. (and remove paint!)
This is a matter of principle I need to establish. Until the fraudulent invoice we were on good terms.
Customer: replied 1 month ago.
I have share of freehold. We have four flats in our house. His house has 8 flats and I imagine they have SOFreehold too.
Customer: replied 1 month ago.
I want to put an end to his abusive threats and send an email outlining his 'legal' breaches and our remedies. I do not expect to have to enforce them and would like to get on reasonable or at least civil terms again. However, today he shouted at me: "Beware, you don't know who the f.... you're dealing with. Get the f... away..etc. Unacceptable
Expert:  F E Smith replied 1 month ago.

Although the site is administered from the United States, all UK lawyers are based in the UK. I am in north-west England.

Section 1 (2) a of the Act applies in my opinion, he has no excuse (you told him you would not allow this) but he went ahead anyway so he intended to do it at the worst or at best, ***** ***** reckless.

You can report this to the police but don’t be at all surprised if they are not interested in prosecuting the neighbour and they simply just say that it is a civil matter. It is a civil matter but it’s also a criminal matter.

If you make the complaint, they should follow it up even if they don’t go all the way to court with it. If they refuse to do anything, then make a formal complaint in writing to the chief constable.

Further, the screws holding the camera are trespass although that isn’t a criminal matter, that a civil matter.

To answer your specific questions:

1 section 2 of the Fraud Act 2006

2 I have covered this in my earlier lengthy response

3 if you feared immediate physical harm, then it’s assault. There doesn’t have to be contact for their to be an assault. Otherwise it would be the Public Order Act 1986 using threatening abusive or insulting words or behaviour causing failure of or provoking violence, or harassment alarm or distress, sections 4 and 4 a and 5

4 you can apply to court for an injunction to make him remove the offending items and reinstate the wall as it was. You can also ask the court to award costs against him.

The public order offence is also a police matter.

. Can I clarify anything else for you?

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Best wishes.