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Damage in garden

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pincfish5555 | 21:29 Wed 18th Jun 2008 | Law
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For the past year, my neighbour has been putting holes in my boundary garden fence, by pushing through all the knots and scratching bits away.

She sprays week killer through them and chucks it over the fence. So far I have lost nearly 30 exotic plants, 4 climbers that have been burnt to nothing and almost a complete lawn.

Apart from the fact, she is a complete psycho, how do I stand with the law ? The police have been useless, talking about evidence, etc. She is very clever to avoid my cameras. I live in a townhouse and I can see her, her daughter and her daughter's boyfriend, climb into my garden and systematically wreck it, from my 2nd floor bedroom window. It looks like wasteground.

Please help me someone.... can I prosecute her ? If I can, on what grounds please.
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I would recommend you install a camera connected to a video recorder (recording continuously), or better still a DVR. You could either install it covertly, to catch your neighbours in the act, or overtly, such that they know they are on camera (when in your garden).

From a 2nd floor window, it should be fairly easy to position the camera such that your whole garden is covered. The image quality need only be good enough to convince the police that it is your neighbours who are entering your garden without good reason, for them to give them a formal warning.

I would recommend a low light camera, since your neighbours may take to nocturnal damage of your property. I have a security cctv camera which has a specified operating light level of 0.03 lux. I would estimate its sensitivity to be around that of the human eye. Most cctv cameras require around 1 lux of light, once the sun goes down, additional lighting is required.
you can prosecute her, but it is a criminal offence and usually is dealt with by the Crown. But, you can prosecute her yourself.

Once you have some evidence that it is actually her, go to the police and they should be able to take over. (since they are not being proactive)

she would be liable under the s1(1) criminal damage act 1971. this would be so even if she says she did not intend to do the damage, all that is require is that she was reckless in her conduct.
If she is really mad, you can not prosecute her (and I mean really). But it may be one step closer for these loonies to be locked up where they should be. (Thatchers only bad move in my opinion, Care in the Community, and all that)

However if she is prosecuted weigh up the cost of installing a decent security system compared to any compensation you may receive at court?

Is it worth it???

Morally and in the name of justice then YES, but pound notes in your pocket, probably no.

Alternatively kick her really hard in the vagina and hope the mad cow internally bleeds to death.

However, you will be a murderess. So best not.
you could claim for non-pecuniary loss (mental elements) in addition to the cost of cure. therefore, it might still be worth you while.
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Why not go round there with a bit of lead pipe?

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