Neighbour Dispute (yes, another one!!!!)

[Blue Shadow]

This must be my year for problems. I have had a dispute with a neighbour over two matters. First some fence erectors hired by this person managed to smash up my garden plants and trees without permission while I was absent, & also erected their fence on my pathway. Apart from having no permission to do so, they have left extremely large holes around the posts on my land, which I am reliably informed could be very dangerous as these posts are lacking a firm base, and could fall down given a strong wind.


Have spoken to Citizens Advice, who have etched out the legal situation which appears to favour myself.


Neighbour will do anything except pay for all the damage and disruption, so reluctantly, I have no option but to seek redress through the courts.


However, what I wish to know is when making my submissions, do I place both parties on the same complaint, or do I have to make a separate court complaint for each of them?


Remember the neighbour hired the company. I have also approached said company, but they only have given the excuse that they were "only acting under my neighbour's orders". (Where have we all heard that before?)


Am in the process of getting estimates for damage etc.


Blue Shadow

[des8]

Re: Neighbour Dispute (yes, another one!!!!)

the full claim for everything is against your neighbour, as the contractors were acting as his agents.

[Blue Shadow]

Re: Neighbour Dispute (yes, another one!!!!)

So thanx for that, It was just a matter of procedures that I wanted to get right. Get the wrong person or organisation and you could end up having to start all over again, so will follow the path as described here.
But just to mention, that Citizens Advice DID say I could sue the contractors if wished - it does appear to be an option if all else fails, and my neighbour finds somehow they cannot cough up the cash ( assuming everything else succeeds).
But neighbour first, and I have tried sorting this out in a friendly manner, but there is and never has been any offer of money to pay for quite extensive damage.
Blue Shadow

[des8]

Re: Neighbour Dispute (yes, another one!!!!)

I would invoke the law of agency and proceed against the neighbour.
The neighbour can then proceed against the contractor if he wishes.

The contractor is responsible for his actions, and you could proceed against him yourself.

The contractors will hold a public liability policy, and if you or your neighbour proceed against them, they could involve their insurers who might then negotiate with you directly

If your neighbour has house insurance it probably includes public liability, which should cover him.

If you have house insurance does it include legal aid.... this could help you in dealing with this matter.