Neighbours drive fence...

Soph1988

Hi all,

I have recently purchased a property with a drive with two fences down either side. We are responsible for the right hand side, the neighbors the left.

The fence is 5ft decorative wooden fence panes with concrete posts in-between holding them up and looked relatively new on moving in.

4 days after moving in, our neighbors son managed to smash his trailer off one of the concrete posts on the side their responsible for. Although not knocking the whole thing down, its smashed all of the concrete off the post so you can see the metal supports going through the middle both our side and our neighbors side. He kindly told us about it as soon as it happened and assured us he would get this fixed and apologised profusely. These things happen!

We are now one month after this has happened and the post hasn't been fixed. As the wind is picking up the post is now swaying in-between the fence posts, the concrete is crumbling further and I am really concerned its going to fall onto our cars on the drive way.

I've spoken to the neighbor in a very nice way, enquiring as to when it will be fixed and that I was worried about our cars. She promptly told me its her son who will do it, he's self-employed and has lots on and its their responsibility and not to worry and it will be done. She gave no timescales and has purposely avoided us since.

I appreciate its not at the top of their agenda - Its a fence post. BUT - what do I do if it does collapse and damage our cars? We are new neighbors, the last thing we want to do is fall out with them over this!

I'm VERY reluctant to be fixing it ourselves - its damage caused by someone else and if the post does cause damage to our cars we will have to go down a legal route...

Any advice on our rights and how to go about this to get it resolved in a neighborly way would be appreciated.

Nasqueron

Could always try the passive aggressive approach, invite them around for tea and cake, say how you're worried about the weather and how GHASTLY it would be to have to claim for any damage to your car from their home insurance should the worst happen. Take photos recording the damage post etc for future claims

Soph1988

As me and my partner are in our early 20's and them their late 50's I don't think they'd pop over for tea and cake.... I don't know how I'd even start that conversation as she won't leave the house if she see's us outside...!

I will take some photo's, thank you. Anything else you can suggest?

eddddy

Soph1988 wrote: »

I've spoken to the neighbor in a very nice way, enquiring as to when it will be fixed and that I was worried about our cars.
...

BUT - what do I do if it does collapse and damage our cars?

You might need to be a little careful.

You've told the neighbour that you're worried that the fence might fall over, but you continue to park by the fence.

So the neighbour might argue that you were negligent to continue to park there.

I suspect that you have nowhere else to park, but it could still get very messy.

paddedjohn

If you have reason to think the fence might fall and damage your car then you shouldn't be parking there.

unforeseen

If the son did it with his vehicle then start a claim with his car insurer.

Davesnave

unforeseen wrote: »

If the son did it with his vehicle then start a claim with his car insurer.

While I agree that the neighbour is taking the P, I wouldn't go down this route right now. It's a fine balance between showing the neighbour you won't be taken advantage of and giving in to them for too long.

As I'm handy, I'd probably find a way of temporarily supporting the fence, but make it look very unattractive. Something like builders' band and a 125mm post not cut to size should do it. Either that, or wait until a windy night and give it an extra shove! :rotfl:

moneyistooshorttomention

eddddy wrote: »

You might need to be a little careful.

You've told the neighbour that you're worried that the fence might fall over, but you continue to park by the fence.

So the neighbour might argue that you were negligent to continue to park there.

I suspect that you have nowhere else to park, but it could still get very messy.

Agreed with taking the photos. Re this point - my suspicion is that you would be deemed, in law, to have gone in for "contributory negligence" and due to pay 50% if you do keep parking there - even though it would be down to his carelessness and the "law would be an !!!" in that case.

I'd keep diary entries too - ie "Asked Mrs So-and-so on such and such date to - and she replied x" and so on.

It does look as if you will need to put a note through her door (copy kept) in order to try and "gee her up a bit" (after all - she could always get a workman to do it - it doesnt have to be her son). Don't forget to keep a copy of that note.

If she's still not had the job done within a reasonable timespan and no sign of it being done (eg within a fortnight) - then another note (copy kept) giving a deadline by which it must be done.

If it's still not been done by the deadline - then it looks as if you might have to go down the route of arranging to have the job done yourself and sending her the bill (if need be via the small claims court route).

Hopefully - the fact of you sending her initial note will show her she cant "hide from you" and you will be making sure it's done and at her expense.

Paparika

Just take some cake to her and just give it as a gift, nothing more.

Perhaps they will warm to you. There is still time to salvage this relationship with your neighbour. Would be horrible to think that she has to hide in her home when you are around.

When you see their son next time give him a timescale that you expect this to be repaired. It has nothing to do with your neighbour, she's probably worried sick that you are going to hound her all the time.

Davesnave

Paparika wrote: »

When you see their son next time give him a timescale that you expect this to be repaired. It has nothing to do with your neighbour, she's probably worried sick that you are going to hound her all the time.

I disagree that it has nothing to do with the neighbour, since it appears to be her fence.

According to the OP there's only been one mention of the fence to the lady next door, so there's no reason for her to be cowering indoors, "worried sick."

She may perhaps know that her son is a windbag who doesn't follow-though on anything, but the personal relationships within the family are not the OP's concern.

Cake and a deliberate visit isn't a bad idea though. No need to mention the fence for that.

bigisi

What's more important, your principles or your car body work? I know which would come first if I was knowingly parking next to a broken fence which could fall over.