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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13921
Experience:  Senior Associate Solicitor
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My neighbour spraypainted their fence with creosote and it's

Customer Question

My neighbour spraypainted their fence with creosote and it's gone through the holes and gone on my car, what approach do I need to take? Thank you.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, as I don't know how to deal with it.
JA: Have you talked to a lawyer about this?
Customer: No, you're my first contact for advice. Do I need to speak to my neighbour first, I'd kike some advice, please.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Was
Submitted: 16 days ago.
Category: Law
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 16 days ago.

You neighbour has been negligent as their action has caused your loss, i.e. your car now has paint on it which will need to be removed. If you can remove it at no cost then there is no real harm done. If you need to pay to have it removed then you would need to ask your neighbour for their agreement - if they refuse then you are looking at having to sue them for your loss which is easy enough to do, though relations will sour somewhat for obvious reasons.
So it will come down to whether you are facing costs to remove the paint or not. And if there are costs then you should make an approach to them either face to face or in writing. It is a claim under "common law negligence" - I can outline the procedure if you want to consider a claim and I also have a template letter before action you can use. I would suggest you check whether it will cost to remove the paint or not and then make an approach to the neighbour if it will cost something.

Expert:  JimLawyer replied 16 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 16 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim