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Malicious act by neighbour

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  • Malicious act by neighbour

    Hi all.
    my neighbour has now moved thankfully but I now have a serious issue going on. The buyer of her property would only buy it if she had the roof re thatched and also the house was linked up to main drainage, which she had carried out. Whilst the drainage work was being carried out she offered £1,000 cash to her builder to sever my waste pipes under her driveway so as the waste would all leak out
    and after she moves she would then phone environmental health and report it so we would be in trouble and it cost us thousands to have to then link up to main drainage ourselves. She told the builder
    she couldn’t phone them before moving as it would jeopardize the sale of her property. We have All in writing from the builder exactly what she asked him to do which has been given to the police. Firstly they said it was a criminal matter and never visited us and 4 times I had to phone for updates. Finally I had an email to say it was a civil matter! How could that be when it was a planned malicious attack
    on my property pipes.
    Tags: None

  • #2
    Not a criminal matter but a Civil Matter. Seek advice from a solicitor who may be able to help you. It would seem from what you say, that the buyer would be liable for the damage, but the solicitors can confirm.

    Comment


    • #3
      Did the builder actually do as requested by your ex neighbour?

      If not, and there is no damage, there is no point in pursuing the matter.
      Just relax now and be thankful she has moved and is no longer your neighbour from hell.


      Regarding police inaction The Criminal Damage Act 1971 Section 2 creates an offence of making a threat to another to damage property.
      In your case in does not appear that a threat was made to you, but there was an attempt to commission another to damage your property.
      In that case there might be an offence under Part 2 of the Serious Crime Act 2007 of intentionally encouraging an offence, but proving it would be difficult and I can understand why the police would suggest there was only a possible civil offence.
      Last edited by des8; 19th November 2022, 12:37:PM.

      Comment


      • #4
        Have I understood correctly that these things were discussed but did not actually happen?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          The builder sent me in writing himself that he accidentally damaged them and was going off to buy what was needed to repair the damage. He told the neighbour what had happened and she said absolutely not. I will pay you £1,000 cash not to, so I can get them in trouble with environmental health the day after she moves out and say the waste pipes are leaking to make my disabled 85 year old father have to link up to main drainage costing him thousands of pounds. The builder emailed me the conversation of her plan and stupidly fell in to her trap. So yes the damage is done and all intentional yet the police have not visited the builder or the unhinged neighbour. She is the owner of of dog fostering company and not so sure she is mentally stable enough to have a business if she can carry out acts like this to human beings.

          Comment


          • #6
            Has the repair work been done already, or are the drains still leaking?

            It seems the pipes were damaged and deliberately left unrepaired.
            If still unrepaired and if you/your father have house insurance make a claim on the ibnsurance.
            They should arrange repairs quickly.
            If repaired you can still submit a claim against the insurers , but may find it more proiblematic
            If still unrepaired and there is no insurance you might have to consider initiating a court claim against both the builder and the ptrevious owner
            Last edited by des8; 20th November 2022, 07:27:AM.

            Comment


            • #7
              I agree. Insurance seems to be the best way to get repairs, if you have cover.

              Also - do you have legal expenses insurance?
              Last edited by atticus; 20th November 2022, 10:02:AM.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Yes it is now in the hands of the insurance company and have legal advice in with it. I just feel why the heck would they not be charged. Yes the police said it’s the drain guys word against hers but so what if that is the case, let them fight that between them. At the end of the day my father has had his pipes severed how ever way it was carried out but why would they not be charged for purposely doing such a thing in the first place. My father is the one who has suffered through know fault of his own and the ones who carried out the malicious act carry on with there daily life , not a care in the world. I just think it’s wrong and the police should have made a visit to each of them to take a statement to know who’s telling the truth between them because either way they have done serious damage which was planned and you don’t go around doing just what you want to other peoples property because of the way you feel surely *♀️

                Comment


                • #9
                  Julie1967 - I'm a bit confused. Are you saying that your neighbour's builder accidentally severed your property's waste pipes, and that he then accepted a payment of £1000 from your nighbour NOT to repair the damage? And he has admitted this to you in writing?

                  Comment


                  • #10
                    I’m not sure if I’m allowed to post the letter on here that the builder sent to me . Only that I think you can make sense of my situation if you read what he sent me. Please let me know if I’m allowed.

                    Comment


                    • #11
                      Originally posted by Manxman View Post
                      Julie1967 - I'm a bit confused. Are you saying that your neighbour's builder accidentally severed your property's waste pipes, and that he then accepted a payment of £1000 from your nighbour NOT to repair the damage? And he has admitted this to you in writing?
                      Yes he said he did by accident and was going to go off and get what was needed to put rite. She said he wasn’t to and offered him a deal. Repair was not carried out to my fathers damaged pipes under her driveway and also after a dispute between the neighbour and her builder, the neighbour then only paid part of her invoice and I think this caused much anger that there were thousands of pounds outstanding for the work carried out he did for her and made him finally tell the truth as to what had been going on. Obviously he fell in to her trap.

                      Comment


                      • #12
                        Being the pipes belonging to my fathers property were under her driveway she authorized him not to make any repairs

                        Comment


                        • #13
                          Please can you advise where I go from here regards the damaged waste pipe please. The insurance company asked another drainage company to come out and look in to the work needing to be carried out and are still waiting to here back from them before knowing anymore. They also sent
                          there solutions company out to take all the details. I’m concerned that we’re having to claim off of our own insurance company for this, through no fault of our own, where as surely if this has been damaged by the neighbours builder who had intentions of repairing it, although offered money by the neighbour to do a cash deal not to and then her refusing to let him repair on purpose, can I claim damages from her my own self rather than having to
                          off of my own insurance. If so how do I go about it please

                          Comment


                          • #14
                            Await the result of the insurance company investigations.

                            I don't see where you have a claim against the neighbour as it is your father's property.
                            Any legal action would have to be in his name.
                            Do you want to put him through the stress of a court claim?

                            Also the ex neighbour doesn't seem to have realised that as the damaged drain was on her property,(regardless of whether the damage was accidental or deliberate) either she or the water supplier was responsible for the repairs.
                            I would expect the insurers to pick up on that and pass the costs of repair over to her.

                            Comment


                            • #15
                              Yes he would claim. He would much look forward to as it was done on purpose and in writing from the drain guy that supposedly damaged accidentally,
                              then come clean and tell the truth that she wouldn’t allow him to repair the damage offering him £1,000 not too. She should be taken to court. Sadly the drain guy fell in to her trap, not realising he wasn’t going to be paid the last installment for the work he carried out and would be £6,000 out of pocket.
                              the waste pipe is under her drive that belongs to my father

                              Comment

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