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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently have my garden landscaped and I had

Customer Question

Hello. I have recently had my garden landscaped and I had a verbal agreement that the decking they build would factor minimum and maximum height restrictions from new decking height to the top of the fence. . The garden has been completed and the fence height from the decking does not adhere to restrictions. Because I only have a verbal agreement do I have a case? They are saying that this was not discussed or agreed
Submitted: 2 years ago.
Category: Property Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
Do you have any evidence to support what you say? Was anybody else present perhaps?
Customer: replied 2 years ago.
No unfortunatly not
Customer: replied 2 years ago.
Relist: Incomplete answer.
Can I have an answer to my first question please
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is there any way you can prove it, or is it just your wording against theirs?
Customer: replied 2 years ago.
No it is my word against theirs.
Expert:  Ash replied 2 years ago.
What is the cost of putting the work right, do you know?
Customer: replied 2 years ago.
No I have no idea at this stage. It cost 7k to do the whole garden but the majority of that was on supplies. Do I have a leg to stand on with the landscapers to get them to correct the work. Do they have an obligation to check planning restrictions.
I did not involve the planning authority as didn't believe I needed to for this work but now it has come to my attention that I may have needed to ensure the project was working within the right planning restrictions. If I have had the work done but I needed that what is my position ?
Expert:  Ash replied 2 years ago.
They dont have any obligation unless YOU asked them to do this. If you just wanted them to do decking and that is what they were instructed to do, then it would be down to you to check.
Legally though you would need to show if it went to Court, on balance the conversation took place. It would be a small claim anyway if any dispute was less than £10,000. In this case the the loss would be putting the work right - but if you asked them to check the legal position then the error is theirs.
However even if you didnt you could argue if they are local experts you could say they would have the knowledge and could have informed you,
Can I clarify anything for you about this today please?
Alex

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