fence repair

km79

looking for advice if that's allowed ?
long story short a neighbour was clearing a right of way next to out house \site
In the process the contractors digger brought down the entire back section of our fence (30m or so)
I assumed when finished they would repair it but I was wrong.
All I got told was my stakes were rotten and should be replaced! The fence was standing perfectly when I went to work .......
Now there is no doubt some stakes were rotten but some were not including the main corner one which has been brought down .
So I am now left with the site exposed on one side and am expected to foot the bill myself?
I'd probably go as far as paying half but I dont even think he would be agreeable to that !
So where do I stand from a legal point of view ? Not that I want to go down the solicitors road. Just want to know where I stand when talking to the 2 guys

NUTLEY BOY

km79 wrote: »

looking for advice if that's allowed ?
long story short a neighbour was clearing a right of way next to out house \site
In the process the contractors digger brought down the entire back section of our fence (30m or so)
I assumed when finished they would repair it but I was wrong.
All I got told was my stakes were rotten and should be replaced! The fence was standing perfectly when I went to work .......
Now there is no doubt some stakes were rotten but some were not including the main corner one which has been brought down .
So I am now left with the site exposed on one side and am expected to foot the bill myself?
I'd probably go as far as paying half but I dont even think he would be agreeable to that !
So where do I stand from a legal point of view ? Not that I want to go down the solicitors road. Just want to know where I stand when talking to the 2 guys

Their initial response is well up to modern standards :rolleyes:

The neighbour and or their contractor cannot damage your property and walk away. Tell them that you want the matter dealt with or that you will instruct a solicitor.

BTW if it is 100% your fence I see no reason for you to stump up 50%.

Ask your household insurers if this is covered i.e. damage to fence by mechanical vehicle. If you have accidental cover on your buildings that might well cover it also. If it is covered your insurers can seek recovery from the neighbour and or his contractor.

As far as rotten posts go that is an argument in mitigation. If the neighbour decides to settle they may ask for a reduction on the grounds of betterment and that is fair enough. Simply saying that posts were rotten is not a defence to their negligence.

km79

NUTLEY BOY wrote: »

Their initial response is well up to modern standards :rolleyes:

The neighbour and or their contractor cannot damage your property and walk away. Tell them that you want the matter dealt with or that you will instruct a solicitor.

BTW if it is 100% your fence I see no reason for you to stump up 50%.

Ask your household insurers if this is covered i.e. damage to fence by mechanical vehicle. If you have accidental cover on your buildings that might well cover it also. If it is covered your insurers can seek recovery from the neighbour and or his contractor.

As far as rotten posts go that is an argument in mitigation. If the neighbour decides to settle they may ask for a reduction on the grounds of betterment and that is fair enough. Simply saying that posts were rotten is not a defence to their negligence.

thanks that was my feeling on it too

edanto

One thing to add; I'd be loath to make a claim for it on my own insurance, this should be something paid for by the Public Liability insurance of the contractor.

Make an ally of your neighbour, they should not be out of pocket either, the fault rests with the digger driver who will either be insured or pay for it themselves. (well, most of it after you settle the issue of betterment)

km79

edanto wrote: »

One thing to add; I'd be loath to make a claim for it on my own insurance, this should be something paid for by the Public Liability insurance of the contractor.

Make an ally of your neighbour, they should not be out of pocket either, the fault rests with the digger driver who will either be insured or pay for it themselves. (well, most of it after you settle the issue of betterment)

thanks I have it clear in my head what I'm going to do about it now and it will be fair and hopefully agreeable to all parties!
thanks for the advice guys

Victor

Take lots of photographs now. Write everything down.

NUTLEY BOY

Victor wrote: »

Take lots of photographs now. Write everything down.

+1