Graffiti on public facing private property, can owners be followed to remove it?

johnd

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I wrote on this issue previously about my neighbourhood which had a spate of graffiti in Feb/March.

Some of it was removed but when I wrote to the council again regarding the remaining graffiti the council told me that if the graffiti is on private property the owners are responsible. Even if, as in this case, is it on the back/side walls of their rear gardens! When I suggested that the council write to these owners and ask them to clean up their property they said, provided the graffiti was not offensive, they could do nothing. They did suggest I approach them instead.

Just today I got a reply to a letter I send through a councilor to the Council saying that under the litter Act of 1997 owners are responsible and can be made to clean up any litter or graffiti.

I feel I am going around in circles. I thought with the local elections I might get somewhere but its just a dead end. The actual graffiti is on walls facing a park and its not possible to avoid when walking or driving through the area.

What the the legal position if I paint over these walls myself? Taking into account the fact they they are considered private property.

Sorry for being so longwinded and thanks for any suggestions
 
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Re: graffiti in neighbour update

Hi Johnd

Have you approached the owners of the properties involved to ask them to clear up the graffotti - and what was their response? Wouldn't you need to speak to them anyway if you want to paint their walls?

Is there a residents committee that you could approach?
 
Re: graffiti in neighbour update

[Michael Caine voice]

Did you know - not a lot of people know this - that if someone dumps rubbish in your front garden and escapes unknown, the Council can pursue you to have it cleaned up at your own cost?

[end Michael Caine voice]

I think its the same for offensive graffitti.
Ordinary "graphic" or "Johnzer" name signing doesn't seem to ring that bell.

At the risk of sounding like I'm inciting you to commit a criminal act, have you any artistic or organizational skills in that area yourself?

Would there be a point in liaising with the local "yoofs" and the residents and agreeing a graffitti wall, to be used for displays of excellence only, perhaps even competitions?

I think there is a danger of demonizing all "youth" and/or "counter" culture to the point where we are in danger of becoming the people we used to hate then we were kids.

Unless we address and chennel that energy into some kind of positive channel, there is a danger that it'll be merely dissapated or worse, turned to destructive acts.
 
Re: graffiti in neighbour update

Hi Holly, the problem is I don't think people realise they are responsibile - we are takling here of some back gardens that are forty foot long and maybe the same at the side. The walls are facing public roads and paths so like me they probably thought the council was in charge. I know when some people years ago tried to put back doors in the walls they council soon put a stop to that.

When I wrote a thread on this matter before someone wrote in that the Council had written to them and warned them they could be fined. Seems to be the Council can proscute or not as the case may be. I would be reluctant to do the work myself, too shy, but leaving it is not an option.
 
Re: graffiti in neighbour update

John, I know where I live we have a very active residents association that could be approached to assist in the clean up. If you don't have that in your estate, then could I suggest canvassing your neighbours (including the ones with grafittied walls) to find those who are as unhappy about it as you are. Then ye can all pitch in as a group and hire a power washer or buy paint and rectify the problem - with the permission of the owners of course.
 
Re: graffiti in neighbour update

Thanks Holly, we did have an active Residents Association years ago but as things settled down it fall away as people moved on and sold up. You are right - best thing to do is approach neighbours and see if they feel the same and maybe we could organise a clean up. Its the council attitude that irks me. I think they would prefer it if people like me just disappeared along with the graffiti and didn't bother them. Thanks again for your interest:)
 
Re: graffiti in neighbour update

John, I think that was me who replied to your last thread...the council wrote to me threatening to prosecute me under the litter pollution act. However, I found this really upsetting as I had already painted the wall on about 3 recent previous occasions. The graffiti kept occurring and happening from a green area that was owned by the council but for which the council took no responsibility for. It was used by local teenagers for drinking etc. So bottom line is that the council do certainly threaten prosecution under this law.
 
Re: graffiti in neighbourhood update

Thank you Lou2, I remember your reply but when I brought this up with the offical concerned his reaction was "unless it's offensive householders can do what they like with their property". He actually suggested I put a unsigned note in the letterbox of the residents concerned! I have tried to read the Litter Act 1997 but its written in such legal terms you would almost need too be a lawyer to read it and doesn't actually mention graffiti but I do know that comes under the litter act too.

I'm grateful for your contribution. Thank you again
 
Re: graffiti in neighbour update

Ask for a definition, in writing, of the word 'offensive'.. does he mean swear words?, what about political slogans? Libelous comments? Religious prayers? What about football team crests?, these may be offensive to some...

Write in claiming that the graffiti is indeed offensive and get a written reply back... I'd be amazed if people are allowed have unsightly graffiti on their walls as long as it's not 'offensive' (or political etc)

Painting over it doesn't really work.. it just provides a blank canvas unfortunately.


Asking for a definition in writing means they will have to do something.. probably they will point you to some bye-law or something which you can then read to see what's possible...
 
Re: graffiti in neighbour update

Hi Joe,

Offensive, in their terms, I think means swear words and I presume racist/ sectarian/sexists comments. This is actually a gable wall that the owner of the house painted on the outside. It is the main problem in neighbourhood because as you say it's now a blank canvas and is covered in graffiti. Most of it is scribbles with initials being the most popular. The thing I cannot understand is that house itself and garden are kept lovely and yet this gable wall is allowed to remain. The owners and their visitors can get to their home without having to see the graffiti. Its a pity we can't do the same. :(
 
Re: graffiti in neighbour update

Maybe the occupants have realised that if they clean the wall it will just be vandalised again?

The really problem is the people who are causing the graffiti not the home owner.
 
Re: graffiti in neighbour update

UptheDeise,

I appreciate that and understand their feelings but having to look at it for the rest of us is no joke either!
 
Re: graffiti in neighbour update

How many times do you have to paint it before you give up. Its probably the same couple of morons doing it, each time. If the home owner can't paint it themselves they'd have to pay someone else to do it. Starts to add up very quickly.
 
So if it is illegal to have graffiti on private property how can you go about having the property owner proscecuted ?. Is it through the litter warden ?
 
Of course you could put graffiti on someones property then get them prosecuted for it. Then do it again and again...
 
Dont paint it, the council will provide a bag cement, use water and make it into a light paste and paint it on.
It'll be grey and weather, also easy to do and just keep doing it or if there is some soil, put a wild (free) ivy up it.

Getting a resident prosecuted in this instance is unfair and may lead to a bad atmosphere which may never end with children & adults getting involved is vendettas.

Tread Carefully. :)
 
In my case the Council have established "ownership" of the outside of my wall ....... they secured a street name-plate to it without asking permission !! When I questioned them about it their response was "well, its either that or we put a pole / post up outside your house" (my house is on a street corner)... I said fine ... but they never did change it. If ever there is graffiti on that wall I will tell the council its their part of the wall, take care of it !!
 
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