Builder dispute with neighbour

DMWK

DVardysShadow wrote: »

This is now getting slightly messy.

Sticking to the position of it being between her and the builder may be a valid posturing position - but if push comes to shove
your neighbour could put you in the firing line and you would have no excuse.

Suggesting 'the insurance route' is just muddying the waters. Whose insurance? Hers? Yours? Or the builder's? If it is her insurance, yes they may pay out to her, but they would try and claim damages off you on the basis of Alcock v Wraith - they will have access to legal advice which will point them in your direction. I suggest that 'the insurance route' will be the most effective way to bring the matter down on you.

If the builder has paid her a cheque already, but she has not agreed a settlement, this could backfire, because it is effectively an admission of at least that amount of damage and she could be back for more.

OK DVardysShadow. Thank you. So, if I understand correctly, your advice would be to try to avoid any legal action by agreeing a settlement with our neighbour? Reading the advice you offered yesterday you were suggestinig it's worth a maximum of £400. However, our builder has already offered a total of £750 which the neighbour has refused. This seems more than generous so I don't understand why you think we should pay more. If she decides to take legal action against us wouldn't the court be likely to come to the conclusion that she'd already received more than a fair amount of compensation?

Sorry if I'm being a bit thick.

DVardysShadow

DMWK wrote: »

OK DVardysShadow. Thank you. So, if I understand correctly, your advice would be to try to avoid any legal action by agreeing a settlement with our neighbour? Reading the advice you offered yesterday you were suggestinig it's worth a maximum of £400. However, our builder has already offered a total of £750 which the neighbour has refused. This seems more than generous so I don't understand why you think we should pay more. If she decides to take legal action against us wouldn't the court be likely to come to the conclusion that she'd already received more than a fair amount of compensation?

Sorry if I'm being a bit thick.

I am not suggesting you offer more. I was suggesting you offer instead - hence my suggestion was for an offer in full and final settlement. Builder's offer is preferable - more likely she will accept it in a way which confirms the matter is closed.

However, the builder has queered the pitch by sending off a cheque. Hopefully your neighbour will accept that But if she does not, she might be back for more from you - which is why I suggested that you and you builder get your heads together before going much further.

DMWK

DVardysShadow wrote: »

I am not suggesting you offer more. I was suggesting you offer instead - hence my suggestion was for an offer in full and final settlement. Builder's offer is preferable - more likely she will accept it in a way which confirms the matter is closed.

However, the builder has queered the pitch by sending off a cheque. Hopefully your neighbour will accept that But if she does not, she might be back for more from you - which is why I suggested that you and you builder get your heads together before going much further.

OK. I understand now. Thank you.

Mistral001

I think the OP has a very good grasp of the situation with regard to the law. The neighbour made a mistake with going ahead and getting the fence built with a new builder without first having it agreed with the person who was going to pay for the damage. Whether this was through bloody-mindeness, lack of knowledge of the law, or listening to pub talk etc. it is not clear. It is done and the OP has a neigbour to live beside.

Perhaps legal advice will be required, but I would also consider a contribution from the OP.

beaker141

Whats the nieghbours opinion of the £3500/30 * 5 panels = circa £500 quid argument - how can they then justify a claim of much higher?