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I live in 1 of 4 privately owned flats that all have shared garden and driveway etc.

 

Although my neighbour cuts the grass and trims the trees regularly and claims to love it shes let it go a bit lately so i recently trimmed a tree or two blah blah blah

 

theres not a sniff of a mention of who owns the trees grass weeds in the deeds yet she is now accusing me of vandalising her property as the said now trimmed back tree and weeds apparantly belong to her because she usually does it???

 

i catch her all the time spying on me in our shared garden and more recently she takes photographs of me gardening clearly without my consent....is this legal?

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There is no offence in taking a photograph anywhere other than government security areas where it is prohibited, but people/companies/organisations can object/have conditions to try to stop you taking pictures on their property.

 

If it becomes sufficiently excessive that you feel you are being harassed, then it may be covered by the Protection from Harassment Act 1997.

 

http://www.legislation.gov.uk/ukpga/1997/40/contents

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  • 5 weeks later...

Hi

 

Thankyou for responding to previous post.

 

My neighbour moved into her property almost 8 years ago and up until 2 years ago I had a relatively friendly relationship with her, I was always aware that she had mental health issues along with a drug (hash) and alcohol addiction that caused paranoia but it was never a problem to me personally. Two years ago we stopped speaking following a drunken outburst from her and since then the atmosphere in our shared garden has been less than tranquil. Recently following a day of 'gardening' (see previous post) she called the police to report that the shrubs (of which there were 2) I was removing in the communal garden belonged to her!! She said at the time that 'lots of strange things' have been going on in the garden, scratches on her car, things going missing etc???? I am Embarassed and enraged that this paranoia has now reached a stage where I have to justify a day of gardening to the police

 

As I mentioned in previous post my property is 1 of 4 in a block of flats with a communal drive way and back garden. My neighbour has now recently attached a very discreet camera to the front of our property at the beginning of the driveway, and a camera at the rear which is not positioned in a way that films any part of my property but does film our shared garden. I personally oppose our Orwellian culture and can not see what purpose these cameras serve other than to indulge her paranoia. I hate that people visiting my property are now being filmed by a stranger with mental health issues and even more so that my nieces and nephews who regularly visit and play in the shared garden are being recorded by this psycopath.

 

HELP, what can Ii do?

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There is no offence in taking a photograph anywhere other than government security areas where it is prohibited, but people/companies/organisations can object/have conditions to try to stop you taking pictures on their property.

 

If it becomes sufficiently excessive that you feel you are being harassed, then it may be covered by the Protection from Harassment Act 1997.

 

http://www.legislation.gov.uk/ukpga/1997/40/contents

 

Taking photographs on private land requires the consent of the owner, or I imagine in this case, the consent of the person being photographed, else it becomes harassment.

 

Does the Neighbour own her flat, or is she renting? if she is renting then you could try complaining to the Landlord.

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189242 is some information on what to do.

 

Obviously, there are other avenues such as the Police if it gets worse, but at the moment it is probably too "low level" though you could contact your station on the non emergency number and make a formal complaint - a visit from a couple of officers might make her change her mind and chill out a little :)

 

If it is a shared garden, then I would imagine all tenants have a shared right to it, and a shared obligation to maintain it. She does not gain any extra or special ownership over shared facilities just because she "usually" did the gardening, she is speaking complete carp I would say claiming "theft" etc!

 

Remember, these days, Local Authorities can and will issue "cleanliness" orders on people with messy/unsightly gardens, private as well as social housing, with fines etc for non compliance, so you are being a good resident by ensuring the shared facilities are kept up to spec.

 

As her CCTV is not "protecting" her property but is being used to spy on shared facilities and thus the neighbours, then she could be committing some sort of offence on the lines of Voyeurism and Harassment which of course would be Police issues.

[sIGPIC][/sIGPIC]

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Hi Thanks for reply.

 

We own our properties and all are maintained to excellent standards, mowing the lawn was the only extra thing she did (we had no option the lawnmower that we all contributed towards the cost of is kept in her locked shed).

 

The deeds to our property state that all occupants share the garden and are each entitled to 29 yards and a pole!! Thats all so it is very much communal, i'm not too bothered bout the cctv pointing to the driveway street etc, just more concerned about the back garden. This is not for security as neither of our cars or property ever been damaged and this is why it is unsettling, what is she montoring?

 

Finally if this cctv also records my neices and nephews playing in the garden aren't there laws against this?

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Hi Thanks for reply.

 

We own our properties and all are maintained to excellent standards, mowing the lawn was the only extra thing she did (we had no option the lawnmower that we all contributed towards the cost of is kept in her locked shed).

 

The deeds to our property state that all occupants share the garden and are each entitled to 29 yards and a pole!! Thats all so it is very much communal, i'm not too bothered bout the cctv pointing to the driveway street etc, just more concerned about the back garden. This is not for security as neither of our cars or property ever been damaged and this is why it is unsettling, what is she montoring?

 

Finally if this cctv also records my neices and nephews playing in the garden aren't there laws against this?

 

Contact the Police to make a complaint then, that this woman is causing harassment and worry with her camera which has been installed without permission/agreement - are any of your other neighbours upset about the camera too? as the more of you make a complaint the better.

 

You could of course try sending her a letter prohibiting her from recording and storing any of your personal data, visual, audio or text.

[sIGPIC][/sIGPIC]

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The other two neighbours are single guys that keep out of her way and seem quite happy for her to commandeer the place.

 

Can I visit my local police station and log my complaint, what would happen then? I understand the argument that if I had nothing to hide what's the problem with cctv, but I hate the thought of being watched in my own garden by anyone let alone her

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Hi jacchris

 

Tut tut tut to the nosy neighbour putting cctv up and since it pointing in areas that are shared therefore taking pictures of anyone in that shared area without permission I would have a read of these PDFs as they will be useful. (remember that camera comes under CCTV rules).

 

(I would read the "CCTV Footage in your Community" first)

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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