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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a DIY livery where we receive rent 3 horses

Customer Question

I own a DIY livery where we receive rent for allowing 3 horses to reside. One of the horses damaged my neighbours wire fence. I purchased some timber and together with my neighbour repaired the fence by inserting stakes and cross rails so the wire fence can be attached to it such reducing the chance the horse will damage it again. My neighbour said that he would purchase and re-tension the fence himself. A few weeks later I got an email from my neighbour insisting that I put up a secondary fence on my side of the boundary to keep the horses away from his fence and giving me a deadline to complete it. When I refused he then wrote a further email demanding £250 to repair the damaged fence back to exactly how it was prior to the damage as the tension wire was still broken and he didn't like my repair. To what extent do I need to return his fence to how it was before? I have also already paid out for the repairs I have done and don't want to pay twice. Next step will be the small claims court. Please advise.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Don't you want to make good the damage please?
Customer: replied 2 years ago.

As mentioned above I have already repaired the fence and my neighbour offered to fix the tensioning wire. My neighbour has now changed his mind and wants a further £250 to undo the repairs made and replace with new.

Expert:  Ash replied 2 years ago.
Ok. He can't do that. Whilst you have a duty to repair the fence you are under no obligation to exchange old for new. So if you can make good the repairs the neighbour should let you do that. The neighbour must mitigate his loss, that is minimise any loss.
The neighbour therefore needs to pick the cheapest option, which if that is you fixing, he must let you. If he does not and tries to take it to court, he will lose.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Should the repair return the fence to exactly as it was before or can it be different e.g. I have tried to strengthen the fence such that the horse will not bend it again. He helped me do the repair and is now saying he does not like the repair as it is unsightly.

Expert:  Ash replied 2 years ago.
You need to make reasonable attempts to reinstate like before.
Does that clarify?
Alex
Customer: replied 2 years ago.

No this is only one occurrence.

1/ The horse damaged the fence

2/ I paid for materials and repaired the fence with the help of neighbour - Neighbour agreed to purchase and fit re-tensioning wire

3/ Neighbour changes mind and now does not like repair

4/ Neighbour insists I pay £250 to re-instate fence exactly as it was prior to damage including replacement tensioned fence and removal of my repair.

I will therefore have paid twice for the same repair.

Expert:  Ash replied 2 years ago.
Yes of course, which is why you need not pay it. You repaired it.
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes thanks
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex