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Fence came down - neighbour blaming us!

Hi - the fence between mine and my neighbours property came down. The fence belongs to my neighbour. they are claiming that a tree that we had felled (over a month before the fence came down) is reponsible and we should pay for the old fence removal and new fence erection.

The tree was felled by professional arborialists and we know that the fence was left in good condition.

We have contected the neighbour several times and been patient and civil, but she was very uncooperarive (it took us 3 months to persuade her that she owned the fence)

Neighbour has just sent us a letter stating that she intends to take us to court to recover costs!

Can anyone advise - is she likely to be suvccesul - we dcan prove that the fence was still standing over a month after our tree was felled, and her own gardener has admitted that the fence posts were rotten.

2 Answers from MyBuilder Fencers

Best Answer

Hi,

So sorry to hear you have such a ridiculous dispute going on, it can be stressful. Its quite clear that the neighbour now on discovering the fence belongs to her is trying to seek blame elsewhere for its demise and using the tree surgeons as a point of blame to avoid paying for it her self! If the damage was caused by them they are insured for such eventualities, I doubt very much its them, the post have been deemed rotten by her own gardener and in time the fence has collapsed. If she wants to take legal action let her, it will cost her a fortune in costs and any normal person or judge will laugh it out of court. You have her own gardener as a verbal witness and as a professional he has already inspected it and told you the posts are rotten. Photograph the rotten posts and expose the soil from the base of them to show the rot, really she has no leg to stand on. If any of the debris is in your garden then give her 7 days to remove it herself or state in a letter to her you will invoice her for its removal and any damage to plants. This is no way a legal matter, its a grumpy neighbour who does not want to pay for a replacement fence.. It will go nowhere in court as it is her property that has fallen down due to HER lack of care and maintenance to the fence. You can always write to her and state that you are liable for insurance purposes to get the ball rolling have the fence fixed and invoice her for the work as it has left you exposed and open to potential prowlers on your land and property. Really you have nothing to be concerned about.

Best regards

Paul Lockwood, Mulberry Cottage Gardens

2013-01-04T09:55:01+00:00

Answered 4th Jan 2013

Taking the tree down might not have helped. We go to view a lot of jobs where a neighbour has cut down vegetation, a hedge, or a tree that was sheltering the fence before... taking it down or clearing the hedge etc exposes the fence that was otherwise sheltered.

That being said, it goes to show the fence wasnt maintained or might have come to the end of its life anyway if it was relying on a tree for shelter.

you were within your right to take it down as the Paul has said. The neighbour is just looking for a way out and the gardener has given his opinion on the state of the posts. The only problem I can see is if you do pay for it yourself and give her the invoice she will never pay you, which then means your going to court and paying costly fees, which could go on for months even though it will be in your favour.

another option would be install a fence inside your side of the fence in the style you like and leave the old one there for the neighbour. its in your land then, nothing she can say or do.

hope you get this sorted soon

cheers
Darren, PremFence Bristol

2016-01-13T09:25:01+00:00

Answered 13th Jan 2016

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