Trespass. Who's fault? Contractor or neighbour

[Rauly]

Neighbour asked about access to do work months ago and never followed it up as requested in writing with details of access needed, work to be done, dates etc. Instead, without any notice, contractor accessed my property and in the process damaged my car and garage to do the work. Neighbour has now got a solicitor involved as I wrote and refused any further access due to trespass and damage. Who is responsible for the trespass as the letter says the neighbour did not authorise or instruct the contractor to come onto my premises?

[efpom]

The neighbor is liable.

[Rauly]

Neighbour asked about access to do work months ago and never followed it up as requested in writing with details of access needed, work to be done, dates etc. Instead, without any notice, contractor accessed my property and in the process damaged my car and garage to do the work. Neighbour has now got a solicitor involved as I wrote and refused any further access due to trespass and damage. Who is responsible for the trespass as the letter says the neighbour did not authorise or instruct the contractor to come onto my premises?

Thanks for your help. I have a follow up if you don't mind. There are two other outstanding issues. The same person has talked about repairing my brick wall due to tree route damage, and also they keep parking in a location that makes access to my drive more difficult. I've asked them to park better but they don't. Can I ask for the two issues to be addressed by their solicitor as they have stated all communication from now on must be via their solicitor. Basically linking these to be addressed as part of any right of access as they will need to fix the wall from my property. The deed shows the required access by a drawing. I'm wondering if a court would accept that given the neighbours conduct it is reasonable to ask any Access Order hearing to address any and all issues related to either neighbour access or problems at the same time (instead of thinking it would result in another case with costs)?

[2222]

Thanks for your help. I have a follow up if you don't mind. There are two other outstanding issues. The same person has talked about repairing my brick wall due to tree route damage, and also they keep parking in a location that makes access to my drive more difficult. I've asked them to park better but they don't. Can I ask for the two issues to be addressed by their solicitor as they have stated all communication from now on must be via their solicitor. Basically linking these to be addressed as part of any right of access as they will need to fix the wall from my property. The deed shows the required access by a drawing. I'm wondering if a court would accept that given the neighbours conduct it is reasonable to ask any Access Order hearing to address any and all issues related to either neighbour access or problems at the same time (instead of thinking it would result in another case with costs)?

If the neighbour is parking legally in a public road, there's normally nothing you can do about it.

The tree root damage to your garage - have you notified your insurers? I would, and let them deal with it.

[Rauly]

Hi.

I have contacted my insurers and they have asked for photos for that. Thanks for the advice.
The parking area is on "common land". No rights for anyone to park. The deed from the Council shows the area that I should be able to access. I met with them on Friday. It is going to take some weeks but they accept that if I hit her car because it is parked in an area the deed with the council says should be clear I might have a claim against them as I have told them of the problem. They might put a post up or write to the car owner as it is only her that parks there. I will update you when I heat more. I've also checking out a fixed fee solicitor as they may need to deal with "damages" issues related to the trespass as my insurers will only cover the damage to the garage (the car damage is being dealt with by my car insurer, and they are going after the contractor apparently).

[jorgemadera]

Thanks for your help. I have a follow up if you don't mind. There are two other outstanding issues. The same person has talked about repairing my brick wall due to tree route damage, and also they keep parking in a location that makes access to my drive more difficult. I've asked them to park better but they don't. Can I ask for the two issues to be addressed by their solicitor as they have stated all communication from now on must be via their solicitor. Basically linking these to be addressed as part of any right of access as they will need to fix the wall from my property. The deed shows the required access by a drawing. I'm wondering if a court would accept that given the neighbours conduct it is reasonable to ask any Access Order hearing to address any and all issues related to either neighbour access or problems at the same time (instead of thinking it would result in another case with costs)?

Thanks for your advice.

[MrSandman]

Hey! How did you solve your problem? I have another problem with my neighbour. His contractor just damaged my brick wall and now I need Tuckpointing work. How can I bring him to justice? I already found a reliable contractor, which can provide Tuckpointing service (one of my friends recommended a good contractor to me), but I don't want to pay it from my wallet. Maybe I need to hire a lawyer or something like that? Unfortunately, I don't have insurance, so it's more difficult for me to solve this problem.

[des8]

Have you spoken to your neighbour about the damage?
If so what was the response?

[Batista230]

contractor accessed my property and in the process damaged my car and garage to do the work.

as I remember trespassing is noy an offence untill other offences (like criminal damage) are commited
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