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footballs kicked into my garden

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forgetful | 13:53 Tue 01st Jun 2010 | Law
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Where do I stand with neighbours who constantly play football in the back garden? These are not only kids (which wouldn't be so bad) but adults who when they get high constantly batter my fence and garden with balls. I am trying to grow my own and am fed up with balls damaging my plants and am fearful that I will have to replace my fence yet again. Can I hang on to the balls or not. I also have kids playing outside my house constantly battering the walls and windows with their balls and they just come into the garden and take their balls back. Any advice please.
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It is what it is - an old saying. It has no legal standing, so worthless as an argument.

The implication here seems to be that if the neighbours took the OP to court to have their property returned, the case would be thrown out because "property is nine tenths of the law"... You don't seriously believe that, do you...?
We use to get a lot of people playing football in the street where I live. It was soon stopped when enough people complained to the powers that be. As far as I know it is actually illegal to play ball games in the street.

As for the neighbours, I would suggest having a word with them in the first instance. Tell them that they are disturbing your piece and quiet. It may work, but you will need to tell them in a non-hostile way for it to work. If this doesn't do the trick I would contact environmental health. You would do well to keep a record of how often this happens. If it your fence I would mention the damage they are causing and say you will invoice them for the cost of any repairs.

I have to say that your statement "constantly battering the walls and windows with their balls" did bring a smile to my face. My imagination ran wild!

If people come into your garden uninvited, tell them to get out. Better still get a snarling dog!

Good luck!
you can leave the balls in your garden. taking them into your house would be classed as theft.

if they climb over to retrieve the balls without your permission, tell them you will sue them for trespass.
knife the ball before returning....blame the dog.
As electrochem has said it is illegal to play football in the street according to section 161(3) of the highways act. It states "If a person plays at football or any other game on a highway to the annoyance of a user of the highway he is guilty of a offence and liable to a fine"
I presume it is only theft Cherry if the school refuses to give it back. They basically only confiscated it, which if it was causing a nuisance or against rules, I presume they have the right to do.
Have a six inch nail sticking ouut of somewhere, every time a ball comes over puncture the ball on it, give it back and say, it flew over the fence and hit the nail. I reckon it'll take no more than 3 dead balls before they get the message, even dumb animals learn eventually.
I used to damage then in a variety of ways and not every time, so it 'couldn't possibly be deliberate' however I only used to return then when the father of the house was home as that meant the older kids would get serious earache over it,
When the kids in the street kick their ball over the fence, I allow them to go and get it 2 or 3 times, if it happens again, I tell them that they need to ask their mum or dad to come and get it back. Why should i be disturbed every few minutes while they sit on their bums. That usually sorts it out for the rest of the day. I am not a spoilsport, I quite like seeing the kids out playing, we have left our back garden grassed so the kids have somewhere to play. These kids parents have decked and patio-ed their gardens until there is no free space for their kids to play and then leave them to play with the ball in the street.

forgetful is dealing with grown adults, so I guess that making their parents call for it is not really going to work, so I think the big nail is the way to go. I would also report to your community policeman te isssue with them kicking the ball of your walls and windows.

I think that if they have willingly left something on your property, then surely you have some rights over that - pretend you thought the ball was a gift as they had so kindly left it for you. I have the same problem with people who push catalogues through your door and then expect to come back and collect it. If they wanted to keep it then why put it through the door?- I don't operate a free storage facility for Avon/Betterwear books. They get quite annoyed when I tell them it's in the recycling bin.
No, don’t do that. It will give the impression that playing ball in the street is acceptable and it is not.

Apart from being highly irritating when it takes place outside your house, playing ball games in the street is contrary to the Highways Act of 1971 and you should ask your local police to enforce the law in your favour. They will prevaricate, saying (wrongly) that it is a local authority responsibility or that it is unenforceable or cite a number of other reasons why they cannot take any action. If they do, write to your area commander (usually a Chief Superintendent) and insist on having the law enforced.

You have a different problem if the games are being played on private property (for example, the adjacent back garden). Then you will have to take civil action for nuisance. It is true that keeping the ball is technically theft, but you do not have to retrieve it for them and you do not have to allow them on to your property to retrieve it themselves..
i would put up some type of flimsy fence, like a trellis across the top of your fence...so they cannot climb over it without breaking it...
and as has been said, just ignore them when thye knock and ask for it
I haven't got a car for you to steal and won't be getting one until after i leave university, and i may do a PhD!
What about building a wall instead? Also, have you talked to them or would they be too ignorant for that to work?
could the offending footballs not get accidentally punctured prior to their return?
The little boy next door is always kicking the ball over to my garden from his "astroturf" lawn, but his Mum won't let him knock & disturb me. He has to wait till I go out in the garden & chuck it back. She also feeds my cat when I'm away, so naturally I always chuck 'em back!
Barbed wire or razor barb on the top of your fence should stop them climbing over it
carma, my neighbours football got 'accidentally' punctured in my dogs mouth, once when it came over.
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Thanks for all the comments. As yet I have not given the balls back, as they haven't been round to ask for them after I complained about my plants. One of the problems is the property is let out by an uncaring landlord, who has threatened me, but as I have no proof of that, I can't do anything about it. This last lot of tenants moved in about 6 weeks ago, and putting it mildly are a complete nightmare. Even when I go out in my garden at 7.00am there is someone out there smoking, they have all day bbq;s with loads of friends and kids round till late at night, the language is disgusting and during the hot weather I had to close my windows and doors because of the noise and the smoke. As to the fence a previous tenant damaged it by kicking a football at it, reported it to the landlord but he refused to pay anything towards it, it cost £400 to repair so you can see my concern.
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