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Ball in your court

My neighbours children have destroyed my garden plants with footballs over the fence – what are my rights?

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A DISGRUNTLED homeowner was left furious after finding their plants destroyed by neighbours.

We explain what your rights are if you find yourself in the same situation.

Neighbourly disputes are best resolved by communicating in a friendly manner
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Neighbourly disputes are best resolved by communicating in a friendly mannerCredit: Getty

An anonymous homeowner is seeking solace to the neighbourly dispute.

They explain that their garden plants were damaged by the neighbour's kids who repeatedly kick balls into the property and against the fence.

The neighbour said on Q&A site Answer Bank: "I am fed up with balls damaging my plants and am fearful that I will have to replace my fence yet again."

Worried that they could make matters worse, the user asks whether they can hang on to the balls or whether this is theft.

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The post racked up a few comments from fellow users keen to help.

One said: "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."

While another said: "What about building a wall instead?"

Though building a wall can be pricey, and you may not be able to do this if you don't own the property.

Here's what experts have said.

What are my rights if my property is damaged by my neighbour's footballs?

If you find yourself in a neighbourly dispute, it's best to approach them about the matter first.

It may be the case that they are unaware there is an issue at all.

If you've spoken to them and the matter doesn't resolve itself or they are unwilling to listen, you can escalate the issue to a third party.

If your fence has been damaged as a result of the footballs, you should first double check that the fence is owned by yourself.

To do this, you need to check the title deeds to the property.

If you don't already have these, you can purchase them online for a small .

Property deeds will show the layout and boundaries of the land you own.

Note that you can also purchase a neighbour's title deeds to see whether any extra property boundaries are outlined in theirs that aren't in yours.

Sometimes, a T will be marked on a property line to denote responsibility for the boundary.

If the fence is indeed yours, and you can prove it has been damaged by your neighbour, you can ask them to pay for repairs or a replacement.

Though Fence supplier  previously told The Sun: "Your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue."

If they refuse, you can take them to court, but you might want to think twice before doing so, as fees can be costly.

Instead, it may be worth using the  (RICS) mediation service, which helps neighbours resolve disputes about boundary lines and related issues.

The cost of this will be considerably lower than court fees, but both of you have to agree to use it.

You can also go through the RICS mediation service if you'd like to discuss the damage to your plants - but with the mediation fees, it may not be worth it, depending how valuable your plants are.

Don't be tempted to keep hold of your neighbour's footballs, as this can be classed as theft.

If it is their property, you are obliged to give it back.

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Meanwhile, another homeowner's garden has been destroyed by their neighbour's cowboy builders - we explain their rights.

And here's what to do if your neighbour builds a fence on your property while you're on holiday.

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