Garden Fence Has Been Taken Down

Garden Fence Has Been Taken Down

Postby Mael » Mon Feb 28, 2005 11:52 am

A lettings management company that also part owns the property that borders my property has taken down a 10' long by 6' high portion of the rear garden fence that divides my property from theirs. This has left a large gap. When I enquired about this I was told that they had tried to repair the fence but found it to be rotting and so had dismantled it. They also stated that the fence actually belonged to me and therefore it would be my cost and responsibility to replace it. The remains of the fence lies in a large pile in their garden. All these activities were carried out without my knowledge or permission. What rights do I have here? Should I go to the small claims court? What compensation can I expect?
Mael
 
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Re: Garden Fence Has Been Taken Down

Postby David » Mon Feb 28, 2005 1:59 pm

Mael wrote:A lettings management company that also part owns the property that borders my property has taken down a 10' long by 6' high portion of the rear garden fence that divides my property from theirs. This has left a large gap. When I enquired about this I was told that they had tried to repair the fence but found it to be rotting and so had dismantled it. They also stated that the fence actually belonged to me and therefore it would be my cost and responsibility to replace it. The remains of the fence lies in a large pile in their garden. All these activities were carried out without my knowledge or permission. What rights do I have here? Should I go to the small claims court? What compensation can I expect?

No more than the costs of putting it back up as it was. Could they argue that it was dangerous?
You could try the police and make a complaint of criminal damage but again if it just looks like a pile of rotten wood they might just look at it and laugh
David
Last edited by David on Mon Feb 28, 2005 2:04 pm, edited 1 time in total.
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Re: Garden Fence Has Been Taken Down

Postby Maverick.uk » Mon Feb 28, 2005 2:04 pm

Mael

They should not have removed the fence without your permission and with a duty of care should have checked if it was theirs to remove.

You by law (IMHO) are entitled to be returned to the state that you were prioir to the removal of the fence. I would write to the letting company stating they had no right to remove without your authority and you would accept as a gesture of goodwill either,

1. Returning the fence to its original.
2. If it is so damaged by them on removal then use of new materials where appropriate at their cost.
3. Total replacement at their cost of whole fence.

The goodwill will be you accepting this in recopence for not,

1. Informing the police of theft of your fence.
2. Informing the police of criminal damage to propoerty owned by you.

Set a time in the letter for it to be complete say 14 days. Pre warn the local police who may or may not be interested. Then issue proceedings in the local court for theft and damage.

All IMHO

Regards

Mav
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Garden Fence Has Been Taken Down

Postby Mael » Tue Mar 01, 2005 10:05 am

Thanks for the advice Mav.

The fence was removed in approximately October last year. I was advised by a solicitor at the time to not enter into a dispute because I was selling the property and it could complicate the sale. However, as the property market became flat I decided to rent the property instead of selling. So the fence has become an issue again. Does this weaken my case?

In Response to David I would say: If it was dangerous, dangerous to whom and how? It didn't fall down it was taken down. Some of the horizontal struts were decaying but the vertical pannelling was at least 80% sound. Why didn't they speak to me first? The police would laugh? I would like to have more confidence in them than that. Surely it can't be an issue of just "tough' and I have to live with it? In the final analysis I want to know the legality concerning their actions.

Mael
Mael
 
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Re: Garden Fence Has Been Taken Down

Postby David » Tue Mar 01, 2005 10:53 am

Mael wrote:Thanks for the advice Mav.

The fence was removed in approximately October last year. I was advised by a solicitor at the time to not enter into a dispute because I was selling the property and it could complicate the sale. However, as the property market became flat I decided to rent the property instead of selling. So the fence has become an issue again. Does this weaken my case?

In Response to David I would say: If it was dangerous, dangerous to whom and how? It didn't fall down it was taken down. Some of the horizontal struts were decaying but the vertical pannelling was at least 80% sound. Why didn't they speak to me first? The police would laugh? I would like to have more confidence in them than that. Surely it can't be an issue of just "tough' and I have to live with it? In the final analysis I want to know the legality concerning their actions.

Mael


As I have said, having been there myself. In a small claims court you will get back what it costs to re-erect it as it was. By that I mean without any element of betterment.
Re: my other comment some years ago some youths ran down my garden any exited the rear by kicking down the fence at the bottom...The police arrived and Identified the youths resposable who were still visable taunting me and the police to chase them, although did not laugh out loud shrugged their shoulders and said there was nothing they could do about it as it looked like it could have blown down anyway........
The real world........ No friendly "local bobby" to have a cosy chat with .
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