Real-life MMD: Should I pay for my neighbour's plants?

Fujiko

florere wrote: »

I also think it unlikely that the fence is jointly owned, we are not told whether the neighbour was consulted before the new fence was put up. They might have liked the old fence, had plants growing on it etc. etc.
If you employ builders you are responsible for any damage they do, so find out what the plants were and get replacements for them, and then try to claim the cost back from the builder, but as they deny doing any damage, (it must be very hard to put up fence without doing some damage,) I think you will be wasting your time. The only other thing you can do is, not to recommend them to your friends.:)

We are not told whether these were herbaceous plants or large established shrubs. The difference in cost of replacing the latter could be quite considerable. However, there are two lessons to be learned from this unfortunate episode:
1) Tell your neighbour beforehand what you are proposing to do.
2) Always be around when you are having any work done so that any potential problems can be sorted out immediately. It is too late to complain afterwards if you couldn't be bothered to keep an eye on things.
Bearing this in mind, if you have previously been on good terms with your neighbour it is unlikely she would make an unreasonable claim and is it really worth jeopardising this relationship for the price of a few plants when you should have been watching what was going on?

milvusvestal

It would be very unusual for a reliable and responsible firm to encroach onto a neighbour's garden and trample over or remove any plants there, as it wouldn't normally be necessary. Everything could and should be done from your side of the fence, even if it's a woven job or arris rail.

Shared responsibility for upkeep and replacement of a boundary fence is equally unusual, so double check that this is the case and that it wasn't your neighbour's responsibility instead. The deeds and any correspondence from the solicitor who dealt with the purchase of your home should determine this. Obviously, if it can be shown that responsibility is indeed shared, or even your neighbour's alone, then the tables are turned and you can ask for payment towards the new fence, rather than the other way around.

Sadly, many neighbourly disputes arise out of envy rather than genuine grievance over loss; in your case, it might be because you've done something they didn't like, or should have done themselves. I suggest you dig your heels in, and ask them for some evidence that what they allege is true - after all, they might just want you to pay for plants that weren't there before, in the hope that you won't kick up a fuss.

kessington

If you were a keen gardener yourself you would have avoided this situation. I am about to have a large hedge reduced - I have engaged an actual garden specialist to do this who has looked at what needs to be done and what is happening in both my neighbours' gardens. Once we have agreed a price I will let the affected neighbour know what we are going to do so she has a chance to object or negotiate on the height etc - although as she does no garden maintenance and it is our hedge I won't give her a veto.
many general builders have no idea about garden plants, their actual o r sentimental value.
get a list from the neighbour and agree cash compensation. let her have the satisfaction of choosing the replacement plants and where they come from, she might not be able to get them from the chain garden centres and need to source them from an independent specialist nursery. If they have taken her years to grow then she might want to replace them with larger plants to compensate for the lost time.
in future remember that even if it is your boundary, outdoor space is 'shared' and its advisable to at least drop a note about your plans in, manners save you money.

warehouse

As usual a simple question gets bogged down by long winded nonsense. A simple answer...

Absolutely pay for the damaged or removed plants, no question. Find out from your neighbour what the cost will be.

Deduct it out of half the cost of the fence that you will now ask your neighbour for.

Mojisola

warehouse wrote: »

As usual a simple question gets bogged down by long winded nonsense. A simple answer...

Absolutely pay for the damaged or removed plants, no question. Find out from your neighbour what the cost will be.

Deduct it out of half the cost of the fence that you will now ask your neighbour for.

You can ask but your neighbour doesn't have to give a penny. You can't put up a fence without any consultation and then demand the neighbour contributes towards it!

pollypenny

As others have said, fences are rarely jointly owned. If it was your fence, then you are responsible for its maintenance.

I would try to come to some agreement with your neighbour, without spending a fortune.

Cimscate

I have fences both side of my garden, one is my responsibility, one my neighbours so quite surprised you share it, sounds like a recipe for disaster. I wish you lived next door to me as the fence which is my neighbours has been down for over a year!! I wouldn't even care if he damaged a couple of my plants as long as he fixed it. As others have said do you really want to fall out with your neighbour if you can't prove it one way or the other.....

nczm

Tell you neighbour that as the plants were damaged by the fence contractor here's their details and they can contact them direct for compensation, out of your hands

Mojisola

nczm wrote: »

Tell you neighbour that as the plants were damaged by the fence contractor here's their details and they can contact them direct for compensation, out of your hands

No, it's not. The person who employed the fencers had the contract with them and is also responsible for any damage their contractors did to the neighbour's property.

silverslider

just say i will pay for your plants if you pay half towards the cost of the fence!!