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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I cut down part of my neighbors fence before it fell down

Resolved Question:

Hi
I cut down part of my neighbors fence before it fell down due to bad weather, the property was vacant at the time. now the neighbor has asked for £900 to cover the cost of damage can i offer to repair the fence or refuse to pay and look at another solution. I have told the neighbor that i did it with his best interest in mind but hes saying it was "outright premeditated malicious vandalism" im not sure what to do. your help would be much appreciated
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you in the UK?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
What is the damage alleged?
Customer: replied 1 year ago.

we had a big storm about a year ago and the neighbors fence has been getting worse and was damaging the rest of the fence as it was moving in the wind. I cut about 3ft of fence off and secured it it a post that has a concrete base. the neighbor is saying I've done it on purpose to get a better view and have vandalized his fence. the damage is about 3 fence posts 10 fence slats and some timber approx £150 worth altogether, approx 3ft of fence

Customer: replied 1 year ago.

we had a big storm about a year ago and the neighbors fence has been getting worse and was damaging the rest of the fence as it was moving in the wind. I cut about 3ft of fence off and secured it it a post that has a concrete base. the neighbor is saying I've done it on purpose to get a better view and have vandalized his fence. the damage is about 3 fence posts 10 fence slats and some timber approx £150 worth, approx 3ft of fence

Expert:  Jo C. replied 1 year ago.
I suppose you don't have photographs of the damaged fence now?
Customer: replied 1 year ago.
I don't no, I've got some of the rotting fence that's still there but not the damage. I didn't take any at the time just when they first contacted me
Expert:  Jo C. replied 1 year ago.
If you are saying that you removed his fence then, whether damaged or not, there is an argument that you are liable to put him back in the position that he was in.
This will really be a dispute over the level of award. In fact, all he has a right to, if your account is accepted, is the cost of a damaged fence! It might be worth contesting it on that basis as he cannot prove otherwise.
Either way £900 is ridiculous. I don't know if he is hoping for a complete fence replacement but he has entirely over estimated his claim.
If you are happy with the risk of going to court then I would not make any offers save for about £50 to represent the damaged fence. Put it in writing immediately so that you can rely on it.
The chances he will sue are minimal. He could. Some people do. Not many though especially when they have to start making payments even for very low sums.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
He has not excepted my explainaton and has asked me to settle the sum in 7 days, I don't have a problem putting the fence right even though it was in his best interest as the property was empty and I thought I was doing the right thing. Should I get a quote of work as a comparison
Expert:  Jo C. replied 1 year ago.
Have you asked to see his ?
What does his breakdown say?
Customer: replied 1 year ago.
I haven't replied yet, I wanted some advice first all he's said is I've inspected the damaged fence and wants £900 I presume he's got that as a quote, but he hasn't been forthcoming with it just sent an email to the effect it needs to be paid within 7 days to make it all go away or he will take it further. He is not specific in what he means by taking it further. Also how does this work do I get charged for 5 questions or is the fee paid based on this whole process until I'm happy with the answers which I am, I just want to make sure I'm doing the right thing
Expert:  Jo C. replied 1 year ago.
Well, I wouldn't make that presumption actually. Sometimes people just pick figures out of the air.
What I suspect though is that is the quote to do the whole fence for which you are not liable. His quote should show a breakdown which would give you an immediate challenge.
If you want to put it to bed sooner rather than later then you should really be getting your own quote or, at least, demanding that he gets a second quote for the specific panel.
You need to email customer services about the charges here***@******.*** as it depends on your membership type.
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