Ask a Law Question, Get an Answer ASAP!
Hello. I am a lawyer with over 15 years experience. I will try to help you with this.
Can you just tell me how did the fence get damaged and what is the cost of repairing the fence. I will be in a meeting for the next 30 minutes or so but will be available later this afternoon.
the fence runs along the boundary between my property and the new build site that persimmon homes have started whilst they were carrying out there demolition works they removed the ivy from the fence thus pulling it to pieces.
sorry responded a little premature
they also damaged during the demolition works there are other issues I am having but getting nowhere with government bodies eg contaminated land, exposure to asbestos etc
just contacted the fencing contractor his estimate is £2360.00 +vat
I think from what you have said above that your neighbours land is being redeveloped.
The contractors employed by Persimmon have damaged your fence. This has been caused in part by their pulling off ivy. I don’t think this is a building regs or planning issue. If there is a claim that you can make here it is in negligence. If they did not use proper professional skill and care and in not doing so they have damaged your fence you can legitimately demand that they either fix/replace your fence or provide the funds for you to do so.
You might think it would be a good idea write to write to the Contractor and copy the letter to Persimmon. Your letter should set out what has happened, the damage done to the fence, your estimated cost of repair. You should also describe have having a damaged fence is impacting on you. There is no need for this letter to threaten legal action but you should give them a time limit in which to respond with suggestions as to how they will remedy the situation.
Hopefully this will lead to an amicable agreement being reached. If it does not then you will need to send a second letter which should have the first letter attached. The second letter should repeat the issues and tell them that if you do not receive a satisfactory offer within say 21 days you will commence proceedings
You can follow this link for the government website on how to bring a claim in the small claims court. https://www.gov.uk/make-court-claim-for-money/overview.
In terms of who to bring the action against you will need to exercise care. There be some doubt about who is responsible and if in doubt you could sue them both and let them decide who is responsible.
I hope this answer is helpful but please feel free to follow up questions.
Thank you for your response as for all the issues asbestos contaminated land etc could you point me in the right direction as things
Are not being dealt with in the correct manner at all by the individuals involved
Or is it something you would be prepared to deal with.