Trader installed fence in wrong postion without informing of any problems

TELLIT01

Post holes are dug to a depth of anything up to 2 feet (60cm), and the cable might have been running in any direction from the post hole, so may be difficult to detect even by using a cable detection tool. 

What is 'all the research' that has been undertaken?

I must stress that I am not saying the OP is wrong but these are the sort of questions which are likely to be asked if it goes to court.

HillStreetBlues

If it goes to court the installer could use the Honest Belief defence.
The OP would need to show that belief was unreasonable.

Aylesbury_Duck

You haven't lost any land, you own the land you bought with the property.  If I put a fence halfway down my garden I haven't lost half of my garden.  The other thing to consider is that on a scale drawing, boundary lines are never going to be perfectly accurate, so 20cm is neither here nor there, anyway.

It's up to you how you proceed, but I don't see a way through this without you incurring some cost up front and at risk, so you'll have to weigh up how important it is to have the fence moved and how much effort and money you're prepared to put up-front to get what you want.

randomsaver

Thank you all for responses, very useful. 

The last post is a 3-way with the option to extend the fence in the future. With it already being 20cm off, makes it pointless to extend it further on.

The land isn't lost, rather unaccessible and compromises other areas. 

I don't think I'll pursue this, but I'll find out the cost to take 1 post out and make a wider hole for a new post. 

On a positive note, with the fence being on my side, I believe I can legally increase the height to 2m.

HHarry

bss1983 said:

Thank you all for responses, very useful. 

The last post is a 3-way with the option to extend the fence in the future. With it already being 20cm off, makes it pointless to extend it further on.

The land isn't lost, rather unaccessible and compromises other areas. 

I don't think I'll pursue this, but I'll find out the cost to take 1 post out and make a wider hole for a new post. 

On a positive note, with the fence being on my side, I believe I can legally increase the height to 2m.

You can usually have a 2m fence anyway, unless it’s along the ‘front’ of the house.

35har1old

bss1983 said:

TELLIT01 said:

Can you be absolutely certain that there are no cables where the contractor said they were?  Although they may have been wrong about the purpose of the cables, there may be old cables.  Has anybody actually dug down to confirm absence of cables, or is it simply an assumption that the contractor was lying?

I believe he has made an error in marking up  because post no1 went in the right position as I saw it go in. I went away and came and back by then post no2&3 went in.
I questioned it at this point.

To me, why didn't the contractor raise the problem at post no2 but instead continued to no3 and then quickly gave the reason of electrical cables and continued onto no4.
No other discussion took place and was forced to accept it.
In hindsight I should have asked him to show me, but that's my error.

Digging up probably is going to be costly and may impact the fence. 

Other option would be to have the area scanned using a cable avoidance tool.

If it is a rundunant cable it won't trace unless you can introduce a signal into even a cable that is still in  use but is not drawing any power will not trace.
Cables usally run in straight lines between points A&B but you need to no where A&B are plus they could be a difference in depth and the builder may not have discovered it in the first fence post hole
Was it in alkathin duct it could have been wrongly identified could be a water pipe

35har1old

bss1983 said:

Hello, as per title...
Had written in agreement new fence to be installed in place of old wall (so same postion) and gave measurements verbally during quotation and on the day just as about to start.

After third post was installed, I came around to have a look and noticed it was not straight and questioned it - he stated there was a electrical cable and suggested it's going to next door's garage (as there was a floodlight attached). 
He walked off and carried on working I was left stumped and tried to work this out as it was unexpected.

In the end I believed what he told me and paid on completion.

Several months later on, I decided to investigate and came to the conclusion there was no cable and it was an excuse because...

• I Identifed power cables in next door property (nowhere near the fence)
• Requested maps of lines for elec, gas and definitey not in that area
• Carried out line search and nothing shows up
• Requested other traders opinion who claim unlikely as at rear of property
• Post no1 installed in correct position. If there is a cable surely it should impact post no1 as cables tend to run in straight lines(?)
• Trader failed to inform of any problems and no alternative options were discussed

So I wrote him a email with my findings and he claims he did inform me, showed me the cable, worked out an alternative (all this did not happen) and will not be doing remedial work or refunding.

So far, spoken with CAB, who have advised to write to him and it'll will come down to evidence if I can successfully get him to do the work or get any money back.
Had a couple of quotes varying £2-3k, which is too much to spend.

Next step would be to write another letter mentioning alternative dispute resoltion (letter before action), but unsure how to progress (as he will refuse it) after this and after any advice.

Also exploring legal options as I have legal cover via home insurance. 

Thank you.

It's usually only mains cable that show up on drawings services where not recorded in the past. Plus it could be a privatly installed cable

saajan_12

bss1983 said:

TELLIT01 said:

Can you be absolutely certain that there are no cables where the contractor said they were?  Although they may have been wrong about the purpose of the cables, there may be old cables.  Has anybody actually dug down to confirm absence of cables, or is it simply an assumption that the contractor was lying?

No other discussion took place and was forced to accept it.
In hindsight I should have asked him to show me, but that's my error.

No force, you could have instructed them to stop work. For a successful claim, you have a duty to mitigate damages which would have been stopping before the fence was completed, as there is now more work in moving post 4, adjusting the fence panels if the lengths now don't match up, etc.

At this stage, I think you have no chance for all the additional cost for the full job of moving post 4 onwards and any adjustments needed for the fence panels. You may have a small chance at a % of the cost for just moving post 2 & 3, though your lack of speaking up at the time will also be proof in the original contractor's side that you were happy with it and just having buyer's remorse. 

randomsaver

I did speak up as I questioned it halfway through the build and was given a reason which I believed.

Yes I didn't pursue enough at the time, but you trust the contractor to open and transparent.
Also they didn't make me aware of the problem and therefore didn't show me the problem.

The point is, if new evidence can be obtained, ie take out one of the post to determine if there are any cables, what does that mean? Can i challenge it in anyway.

Aylesbury_Duck

bss1983 said:

I did speak up as I questioned it halfway through the build and was given a reason which I believed.

Yes I didn't pursue enough at the time, but you trust the contractor to open and transparent.
Also they didn't make me aware of the problem and therefore didn't show me the problem.

The point is, if new evidence can be obtained, ie take out one of the post to determine if there are any cables, what does that mean? Can i challenge it in anyway.

Yes, you can sue the contractor, putting all the evidence you have - including the new evidence - and see if the court thinks your case is plausible.  As advised earlier, that may not provide a quick resolution and will incur some up-front cost, unless a letter before action prompts a resolution from the tradesman before it gets to court.  From what you've described, he has a defence he appears confident with, so he may just see what happens in court.

What's happened with your insurer?  I advised to wait and see what they said.