Home Date: 23/07/2017
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assault and battery or reasonable force?

After the purchase of a 2 bed terrace house I began to have problems with my neighbour, a lease holder in a flat. He was using my front garden as his own and before I owned the property had gone onto the garden and torn up the lawn and replaced it with gravel. He never had permission to do this from the landlord who rented out the property. My neighbour had previously threatened me with court action over ownership of the garden. I was in the garden removing the gravel when my neighbour came out with a camera and started taking pictures of me accusing of stealing his gravel. He then stepped onto my garden, at which point I asked him to leave. When he refused I walked up to him and asked him again to get of my garden. This time I shouted at him to get off my garden. I have now been charged for common assault and battery and have been taking to court by the CPS. Even though my neighbour commited the offence of Aggravated Trespass and also that I am allowed the use of reasonable force to protect my property.

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