Who is responsible, workman or owner of property

Who is responsible, workman or owner of property

Postby 9ad » Sat Jul 18, 2015 5:46 pm

I work as an odd job man, I was recently asked a by a lady to paint her fence which she said she owns. The neighbors climbing rose bush was tied in many places to the trellis on top of her fence. The rose bush was pulling substantially bowing the trellis and fence. The lady asked her neighbor to cut it back, but she only did a little. The lady asked me to cut the ties, once I did that the rose bush fell to the floor.

The neighbor went crazy when she saw it, and now says she is suing me for causing damage to her property.

I would like to know who is responsible as the lady I was working for told me to go ahead and cut the ties. Surely the lady should take responsibility as it was her decision to have someone cut the ties?

Any thoughts would be appreciated
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Re: Who is responsible, workman or owner of property

Postby Janieb » Sat Jul 18, 2015 6:23 pm

The lady you were working for. However, if it's her fence her neighbour had no right to attach her plants to the it anyway. Leave them to fight it out.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: Who is responsible, workman or owner of property

Postby despair » Sun Jul 19, 2015 9:19 am

Always be careful to ensure the fence is actually the true property of the person your working for

As said its up to your employer to work it out with next door

and next door needs to realise that she has ZERO right to attach anything to her neighbours fence or wall

If your faced with the situation again in your shoes I would go round to next door and politely point out that the "rose " etc is causing damage to the fence and that as its not their fence you have been requested to cut the ties etc
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Re: Who is responsible, workman or owner of property

Postby arborlad » Sun Jul 19, 2015 11:20 am

9ad wrote: I was recently asked a by a lady to paint her fence ............



Strange timing, when everything is in full flower and flourishing - October onwards would be much better.
arborlad

smile...it confuses people
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Re: Who is responsible, workman or owner of property

Postby jonahinoz » Fri Jul 24, 2015 9:49 am

Hi,

Will the lady you were working for support you? Could be awkward if she doesn't.

Can anybody here suggest how long you can ignore the neighbour before it starts to cost you money. Will she pay the court fees for a Small Claim, in the hope of getting them back from you in addition to her damages. And what if she sues the wrong person?

John W
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