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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10624
Experience:  Barrister 17 years experience
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I am the owner of a house and an adjacent field. During July

Resolved Question:

I am the owner of a house and an adjacent field. During July 2012, A (an owner of an equestrian centre) contacted me and asked if she could keep some of her horses in my field. She assured me that she would be responsible for the maintenance of the field and fencing. I then allowed her the free use of the field for her horses as an act of friendship. I never asked A for any money. During the following 45 months, A kept on average of 3 horses at a time in the field. This resulted in the wooden fencing being pushed over or broken in places. Following injury to one of the horses, A visited and discussed improvements to thefencing. A eventually persuaded her husband to attend and install new, as well as replacement fencing during May or June 2015. Shortly after, I approached A and offered to contribute towards the cost of the new fencing. I volunteered to pay half and A happily agreed to that. A few days later, I visited A and paid her £1250 in cash. No receipt was given to me. A continued to keep her horses in the field until April 2016. I have decided to sell the house and move away. Towards the end of March 2016, A visited complaining that had she known I was moving away, she would not have paid for the fencing to be installed.
She then claimed that the cost of installation was based on “an understanding” between us that she would continue to have use ofthe field, which is entirely untrue. On or about 1st April 2016, A’s staff removed the 2 remaining horses. A few days later, an invoice was delivered to me demanding £3347.10 as outstanding debt for the cost of the fencing, but recognising that I had already paid £1250. 3 weeks later a second invoice was delivered claiming the £3347.10 and threatening recovery of the materials supplied. In my view the transaction was completed during the summer of 2105 and A does not have a claim against me. Please advise! Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, A is acting quite high-handed and without any concern for the normal issues in life, so you should deal with her quite directly. What you should so here is to raise a bill for the 45 months use of your field, taking into account how much it would cost on the open market to put horses in the field. Essentially, if A, who has been getting something for nothing, now views the arrangement as a commercial issue, then it is time you billed her for her use of the field. Ensure your bill is at least as much as the £3347.10 which she is charging you. This will put a stop to her gallop!!
Expert:  Buachaill replied 1 year ago.
2. Be aware that the underlying legal issues are that A cannot seek to charge for her erecting and paying for half the fence if this was agreed at the time. She cannot turn around and subsequently seek to charge you for it. So, her fill is a legal fiction. She also cannot seek to take down the fence which was erected as you paid for half of it. So, this again is a form of fiction.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your Question.
Customer: replied 1 year ago.
Dear Buachaill, thank you for your reply, which goes along with my line of thinking. I trust that A has 'no leg to stand on'?
Expert:  Buachaill replied 1 year ago.
4. Yes, A is trying it on. The real issue is that she now has nowhere to put her horses.
Expert:  Buachaill replied 1 year ago.
5. She would probably like the next owner to be as indulgent with her as you were!!
Customer: replied 1 year ago.
I'm far too soft! I thought that we were friends...and this is how they treat you!!
Expert:  Buachaill replied 1 year ago.
6. "The female of the species is deadlier than the male!". I think you will have to realise who you are dealing with in future. Please Rate the Answer.
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