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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A section of he fence between my neighbour's garden and mine

Customer Question

A section of he fence between my neighbour's garden and mine blew down in the high winds last year, landing on the flowerbed in my garden. The fence was old and the posts and part of the arris rail were broken. I waited more than six months for the neighbour to replace the fence, and finally removed it myself and burnt it. He is now threatening to sue me for destroying his property without his permission. Can he? Or do I sue him or require him to pay at least half the cost of replacement? Or what?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Why did you burn it rather than give it him back please?
JACUSTOMER-3l7j12pl- :

I thought I was doing him a favour. I was having a bonfire anyway, so I just threw it on. It was already wrecked and could not be re-erected.

JACUSTOMER-3l7j12pl- :

Oh! and, yes - there is a hedge immediately behind the fence, so I couldn't simply push it on to his side.

JACUSTOMER-3l7j12pl- :

Does that mean that the discussion is closed?

Alex Watts : No if I switch screens it shows I am off.
Alex Watts : technically he could sue you for the damage, as you destroyed his property.
Alex Watts : but then you could also counter claim him for the damage.
Alex Watts : therefore you are both liable.
Alex Watts : you destroyed his property. He destroyed yours.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-3l7j12pl- :

Ironic. I was going to offer to pay for repairing the fence anyway, and still would - to hell with him! I think that covers it - thanks but not sure how to evaluate the damage done on my side. Any thoughts? Thanks for your advice though..

Alex Watts : It would be cost of plants plus time
JACUSTOMER-3l7j12pl- :

OK Thanks.

Alex Watts : Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply