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  • FIRST POST
    • Ultonian
    • By Ultonian 11th Jan 18, 4:27 PM
    • 7Posts
    • 0Thanks
    Ultonian
    Repair to my property after car crash
    • #1
    • 11th Jan 18, 4:27 PM
    Repair to my property after car crash 11th Jan 18 at 4:27 PM
    About six weeks ago a car crashed into my hedge and the fence behind it. The loss adjuster for the driver's insurance came to inspect the damage. She questioned whether I owned the hedge because it is outside the fence. I emailed her a copy of the enquiries document from the purchase of my house which states: Does the vendor own all the boundary walls, fences, hedges and ditches: YES. It also states: Are there any disputes concerning the boundaries: NO. However, she replied asking for clarification that the damaged hedge is part of my property, and she also said that I must submit estimates for the repairs.

    Is the onus not on her to prove that the hedges aren't mine, and incur any potential solicitor's fee?

    Am I obliged to use my time to get estimates for the repairs?

    Thanks.
Page 1
    • PasturesNew
    • By PasturesNew 11th Jan 18, 4:29 PM
    • 61,279 Posts
    • 358,788 Thanks
    PasturesNew
    • #2
    • 11th Jan 18, 4:29 PM
    • #2
    • 11th Jan 18, 4:29 PM
    On first reading this sounds like you moaning that she's trying to get out of paying for your hedge.

    If you look at it from her perspective, she has to check because she might pay you out then somebody else come along and say "ahhh, but I own the hedge, so pay me for my hedge".

    So maybe she's just double-checking that there is no other owner that could come forward to make the same claim.
    • Ultonian
    • By Ultonian 11th Jan 18, 4:34 PM
    • 7 Posts
    • 0 Thanks
    Ultonian
    • #3
    • 11th Jan 18, 4:34 PM
    • #3
    • 11th Jan 18, 4:34 PM
    On first reading this sounds like you moaning that she's trying to get out of paying for your hedge.

    If you look at it from her perspective, she has to check because she might pay you out then somebody else come along and say "ahhh, but I own the hedge, so pay me for my hedge".

    So maybe she's just double-checking that there is no other owner that could come forward to make the same claim.
    Originally posted by PasturesNew
    Read it again and then you'll be sure that I am moaning that she is trying to get out of paying for my hedge after I have provided proof and could be looking at potential fees to provide further proof.
    • Quentin
    • By Quentin 11th Jan 18, 4:38 PM
    • 34,006 Posts
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    Quentin
    • #4
    • 11th Jan 18, 4:38 PM
    • #4
    • 11th Jan 18, 4:38 PM
    If you incur costs then pass the proof on to the insurer to reimburse you
    • missile
    • By missile 11th Jan 18, 8:55 PM
    • 9,135 Posts
    • 4,469 Thanks
    missile
    • #5
    • 11th Jan 18, 8:55 PM
    • #5
    • 11th Jan 18, 8:55 PM
    I would respond that you have provided evidence that you own the hedge and fence and provide estimates for repairs. If they do not accept responsibility and confirm they will pay for damages within 14 days you intend to raise a small claims to recover damages from the insured driver.

    I would also write to the driver and suggest that he should contact his insurer.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
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    • forgotmyname
    • By forgotmyname 11th Jan 18, 8:59 PM
    • 26,405 Posts
    • 10,551 Thanks
    forgotmyname
    • #6
    • 11th Jan 18, 8:59 PM
    • #6
    • 11th Jan 18, 8:59 PM
    From their point of view you may own all the boundary fences and hedges within your property sightline. The hedge on the other side could have been planted after the fenceline had been installed.

    I know a few people that extended their gardens a little without the legal rights to actually do so.

    One backed onto a playing field, but well away from areas of actual use, so it just grew wild each year. A load of residents extended their gardens.

    A few didn't though and it looks a little odd with a row of houses with long gardens and then 3 or 4 with short gardens and then longer gardens again. Legally its not their land.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

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    • Aretnap
    • By Aretnap 11th Jan 18, 9:53 PM
    • 2,898 Posts
    • 2,399 Thanks
    Aretnap
    • #7
    • 11th Jan 18, 9:53 PM
    • #7
    • 11th Jan 18, 9:53 PM
    Is the onus not on her to prove that the hedges aren't mine, and incur any potential solicitor's fee?
    Originally posted by Ultonian
    No, you're the one claiming compensation for your loss, so it's down to you to provide evidence of what that loss is. That will also be the case if you go down the small claims route.

    What is sufficient evidence is another question, though I'd suggest that a copy of the deeds showing definitively who is responsible for the boundary would be stronger evidence than a letter from the previous owner stating what his/her understanding was. Did you not get such a document at the time of the original purchase?

    As above, you can claim back expenses that you reasonably incur in the process of evidencing your claim.
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