Neighbour's Fence Blew Down

Neighbour's Fence Blew Down

Postby RussT » Wed Mar 23, 2011 10:32 pm

I’m posting this on behalf of my father, who is 86 yrs old.

He was away abroad visiting my sister in Jan-March this year. Anyway, he gets a call in Feb, whilst away, from an elderly friend of his saying that some fences have come down in his back garden following a nasty storm. Being abroad, there’s not much he can do, so he decides to deal with it when he gets back home. On arrival back home earlier this month, he finds the fence has been repaired – apparently one or two of the posts had actually snapped. It looks like a good repair job has been done – there’s no issue with the repair. The neighbour has sorted it all out. Fine. But all the repair work has been done from my Father’s side of the boundary, and the workmen have left a right mess. Mud is ground in all over the drive and path way and flowers/shrubs have been destroyed adjacent to the fence repair. That’s upset him quite a bit, and words have been exchanged. I guess things can get out have hand in these types of disputes. I’ve advised him to take a chill pill and just leave it at that.

But now here are some questions just in case things escalate.

He’s looked at his deeds and there are Ts marked on the boundaries. For the boundary on which the damaged (now repaired) fence lay, the T points in the direction of the neighbour’s property. On the other side, the T points towards his property. Does this mean the neighbour was responsible for the repair to this damaged fence? Does the neighbour own that fence? If the neighbour asks my Father for a contribution to the repair (apparently a suggestion has been made), is my Father obliged to pay? If it is the neighbour’s fence/responsibility, could they take it down again just out of spite or, for example, take it down, paint it a gaudy colour facing my Father’s side and put it back up etc etc or some other annoying spiteful measure.

Now, what is the situation with the damage caused by the workers during the fence repair? Was that trespass? Does my Father have a right to seek re-imbursement of costs to correct any damage?

Thanks for your help in advance.
RussT
 
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