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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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My neighbours gardeners damaged our party fence back garden

Resolved Question:

My neighbour's gardeners damaged our party fence back garden wall when removing ivy (mostly growing from my side of the wall). When I eventually managed to contact him, his contractors proposed repairing the wall with new bricks at a cost of £1800. I obtained a quote from my own contractor, using like-for-like Victorian bricks at a cost of £1500. My neighbour said it seemed an "excellent" plan, but asked for a detailed quotation and invoice for tax purposes. My contractor supplied what he believed to be a detailed quote and the work went ahead. Now my neighbour is refusing to honour his share of the cost, saying the wall was rebuilt in the wrong bond (stretcher rather than Flemish), with the wrong mortar (modern mortar rather than lime) , and is aesthetically unpleasing. The pre-existing wall was 133 years old, well-weathered, with traces of old roots and lime crystals covering many of the joints, and the bond was random. The new wall appears solid enough, and I have pointed out that this was a repair not a rebuild. Since it seems that I okayed the work without an explicit agreement from my neighbour, is he liable for any of the costs at all--even though his gardeners caused the damage, and the wall is now repaired? What are my options? Many thanks. Sarah Newell
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Sarah,

You seem to have acted reasonably in the circumstances seeing that your neighbour is liable for damage caused by his gardeners to the wall.

You may send your neighbour a final demand to pay up by say 25th June 2014 failing which you should notify him that you will take legal action to recover the money.

if he still fails to pay up, you may file a court claim against him at www.moneyclaim.gov.uk

I would expect him to pay up when he receives court summons thorugh his front door.

Hope this helps


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