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Fencing dispute

2

Comments

  • molerat
    molerat Posts: 35,679 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    6" gravel board £24 each from the DIY sheds so just under £100 materials leaving £160 for labour.  Seems reasonable to me.
  • Somerset99
    Somerset99 Posts: 13 Forumite
    Fourth Anniversary First Post
    If we do go down this route any idea what is the likely outcome with small claims?

    Thanks 
  • Alderbank
    Alderbank Posts: 4,282 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    If we do go down this route any idea what is the likely outcome with small claims?

    Thanks 
    Depends very much on what defence they raise.

    I suspect they will not deny drilling some holes but will contend that they have not materially reduced the value or stability of the gravel boards.

    Why have they drilled the holes? I am assuming that to affect the strength of the gravel boards they are upwards of about 100mm in diameter?
  • Somerset99
    Somerset99 Posts: 13 Forumite
    Fourth Anniversary First Post
    Alderbank said:
    If we do go down this route any idea what is the likely outcome with small claims?

    Thanks 
    Depends very much on what defence they raise.

    I suspect they will not deny drilling some holes but will contend that they have not materially reduced the value or stability of the gravel boards.

    Why have they drilled the holes? I am assuming that to affect the strength of the gravel boards they are upwards of about 100mm in diameter?
    Drilled the holes to attach electrical cables to them. We have have various bits of contrete missing and plugs showing through. Cannot see the mess created on there side
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Photos?  From the description, it does sound trivial and whilst they were rude to just go ahead without checking ownership or getting permission, going to court for what sounds like some small holes in the bottom of a fence comes across as an overreaction.
  • powerful_Rogue
    powerful_Rogue Posts: 8,656 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Don't forget you won't be able to claim the full price of the replacement, you have after all had a years use of them. To claim the full price would be betterment.
  • Somerset99
    Somerset99 Posts: 13 Forumite
    Fourth Anniversary First Post

    The problem I have is they have damaged my property. The gravel boards are weaken by there stupid actions. They need to take responsibility as agrees by landlord and agent 
  • powerful_Rogue
    powerful_Rogue Posts: 8,656 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    The problem I have is they have damaged my property. The gravel boards are weaken by there stupid actions. They need to take responsibility as agrees by landlord and agent 
    Not really. The only one that can hold them to account is the courts.

  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Alderbank said:
    If we do go down this route any idea what is the likely outcome with small claims?

    Thanks 
    Depends very much on what defence they raise.


    Gravel boards raise de wooden fence.

    **gets coat**
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    The problem I have is they have damaged my property. The gravel boards are weaken by there stupid actions. They need to take responsibility as agrees by landlord and agent 
    Is that it?!  When a few of those weeds grow a bit you won't even see the holes.

    I don't disagree that they've been negligent and presumptuous (they may have erroneously assumed the fence was theirs or jointly-owned) and that it's annoying, but court action for that is laughable.

    Is there more at play here?  A wider dispute, perhaps?
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