work unpaid for left on site, can they charge you

Okell

The problem is the OP does not seem to be the most reliable of narrators…

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81948890#Comment_81948890

Apologies, I looked before posting and a storage website said pretty much the exact same thing 🙂

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81948963#Comment_81948963

Thanks, yes sorry I meant if they asked for storage by way of counter claim would they given trespass instead without the customer knowing the exact legal phrasing.

I’m not sure OP is benefiting as such from it being there, would be handy to know the exact situation as to whether the customer is entitled to reject really.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/81955536#Comment_81955536

Strictly speaking, even if the customer was in breach of contract, they would probably have the right to claim trespass in any event because contract law and tort law are two distinct and separate actions. In simple terms, you can be breach in of contract whilst at the same time having the legal right to seek damages for trespass to your land. It might sound ridiculous but perfectly legal.

Just to be clear, my choice of using the word 'benefit' is poor from me because a trespass to land claim relates to unlawful occupation of someone's land. I was using the word in the context of describing the current situation in that the OP is benefitting from keeping the fence on the customer's land than having to collect it and store it somewhere at the OP's cost but the customer doesn't need to prove any benefit.

In a trespass claim, there is no requirement for the trespasser to have benefitted from the land, simply putting an object on the land (including above or below ground) without consent is sufficient.