How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wingrovebuyer Your Own Question
wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

During building works my neighbour damaged my fence post. its

Resolved Question:

During building works my neighbour damaged my fence post.
it's been nearly 4 months and a couple of missed promise dates to repair it, so i reluctantly wrote and gave him 28 days to get jot done or I plan to get it done myself and invoice him. If he fails to pay then I plan to use the small claims court to recover my losses.
As well as the damage to the fence post his concrete foundation were cast above ground level on his side, so close to the the boundary that when the concrete was poured the shuttering bulged out and is pushing on my fence panel.
If I eventually need to get the work done myself the contractor will need to remove the redundant shuttering and maybe shave off some of the foundation so the fence panel can fit back in.
What do I need to do before the post is repaired or the adjustments made to his foundation. Do I need to serve the party wall act before I do this type of work to his foundation?
Many thanks and don't hesitate to ask for any clarification
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
wingrovebuyer : Hello. The Party Wall Act doesn't apply to fences, so you can do the repair works and send the invoice as threatened. If the neighbour fails to pay, you can pursue him through the small claims court and I am confident you'd win if he doesn't deny causing the damage. As for the concrete, if you've made him aware of that too, and he's failed to act, add it to the invoice as before. Best wishes, WB
Customer:

thank you. So even if I'm removing part of his foundation to get the panel back into the right place I don't have to serve the Party Wall Act?

wingrovebuyer : No, it's all part of a fence and the Act doesn't apply to fences. Best wishes, WB
wingrovebuyer and other Property Law Specialists are ready to help you