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Keeping my Neighbour's Balls Out My Garden

Published: 03/06/2025
Written by Curwens Solicitors

“My neighbour’s three sons have been kicking, hitting, throwing balls over our garden fence for as long as I can remember. When we moved in, their eldest boy was 9. Now, he’s 19. Footballs, tennis balls, cricket balls, rugby balls. Now its golf balls, yet despite asking nicely, my neighbour will not do anything about it. Our greenhouse has been a regular victim, but recently a golf ball cracked a double-glazed window. What can I do?”

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Children under 18 are not typically held legally liable for damage they cause in England and Wales. However, parents or guardians can be held responsible in certain circumstances. While there is no automatic legal duty for a parent to control their child's behaviour, if they have been negligent—for example, where they have failed to adequately supervise their children or have ignored repeated requests—they may be liable for the damage caused.

We would always recommend conversation, negotiation, mediation as the preferred route, however, where this still fails to evince behaviour change, there are a couple of civil options.

Tort of Negligence and Nuisance

There are two main legal concepts and routes that may apply to this situation. They are negligence and private nuisance.

  • Negligence: To prove negligence, you would need to demonstrate that your neighbour owed you a duty of care, breached that duty (by failing to control their children), and that this directly caused damage to your greenhouse. Repeated incidents, particularly after you’ve raised the issue, strengthen your claim that the parent has been negligent.

  • Private Nuisance: This is a civil wrong that occurs when someone interferes with your enjoyment or use of your land. Regular intrusion of footballs and the resultant damage could constitute a nuisance. Courts consider whether the behaviour is unreasonable and has caused a substantial interference with your property.

If the behaviour continues and becomes a serious disruption, you may be entitled to bring a nuisance claim.

Criminal Damage

Although more rarely pursued, repeated damage could amount to criminal damage under the Criminal Damage Act 1971, especially if it appears intentional or reckless. In practice, however, police are unlikely to intervene in what they may consider to be a civil matter – just a dispute between neighbours - unless the damage caused is extensive or malicious.

Practical Steps and Remedies

Before pursuing formal legal action, You need to consider the following steps:

  1. Keep Records: Document every incident, including dates, the nature of the damage, and your communications with the neighbour. Photographs and repair receipts are helpful evidence.

  2. Write a Formal Letter: If verbal requests haven’t worked, send a formal letter to your neighbour. Clearly outline the problem, reference previous requests, provide a reasonable timeframe for a response (e.g. 14 or 21 days) and state that you are considering legal action if the situation does not improve.

  3. Seek Mediation: Local councils or community mediation services may help resolve neighbour disputes without going to court. This approach is encouraged by courts and often leads to quicker, less costly resolutions.

  4. Small Claims Court: If damage continues and you are left out-of-pocket for repairs, you can bring a claim in the Small Claims Court (for claims under £10,000). This is a straightforward and low-cost process where you can seek compensation for the damage.

  5. Injunctions: In persistent or severe cases, you can apply for a court injunction to stop the behaviour. This is a stronger remedy and usually requires legal representation, but it can compel your neighbour to prevent their children from causing further damage.

 

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You are not expected to tolerate repeated damage to your property, especially after raising concerns. English law supports your right to the peaceful enjoyment of your home and garden. However, you are also legally obligated to return every ball that ends up in your garden. Failure to do so could be considered ‘theft’ and lead to criminal prosecution! While it's always best to resolve disputes amicably, if that fails, there are legal remedies available. Consulting a solicitor for tailored advice may be beneficial, especially if the damage continues or escalates.

Alan Carter, Sara Alili and Liam Rochford are key members of Curwens Litigation Team. If you have a neighbour dispute, please feel free to contact them.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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Any data that you submit using this web form will be held by our firm as Data Controller and will be held securely for 12 months before being securely and confidentially destroyed.
Find out more
Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).

You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk

Full details can be found here

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