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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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Our property is adjacent to a chip shop. We have a fence between

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Our property is adjacent to a chip shop. We have a fence between our driveway and the chip shop's forecourt. Last week we awoke to find that one of the concrete fence posts had been broken, obviously with some force from the neighbours property. Is our neighbour (the chip shop owners - they live above the chip shop) liable for the cost of replacing this post? It have been reported to the police, who have logged it as criminal damage, but say that it is a civil matter between ourselves and our neighbour.
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On what basis do you believe the neighbour to be liable? Could you produce evidence that the neighbour caused the damage rather than a third party e.g. a customer?
Customer: replied 3 years ago.

We can not produce any evidence about the individual/s who caused the damage. It may have been a customer who was on the neighbours property at the time.

Customer: replied 3 years ago.

Even if a customer caused the damage, is the owner responsible for actions that are done on his property?

OK, understood.
This may not be what you want to hear but I have a duty to give you an honest and objective opinion.
The neighbour will only be liable if you can prove that they caused the damage or their negligent act or omission resulted in the damage.
Your neighbour is not automatically liable for the actions of a customer unless the act was done with their knowledge.
Unfortunately it appears that you are the victims of a criminal or civil act but without anybody to sue.
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