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Damage to neighbours property

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Damage to neighbours property

Postby diy » Thu Oct 20, 2016 9:40 am

Debris from A's chimney falls on to B's property causing minor damage to the roof of an out building. A pays to have the damage repaired and arranges quotes to have the chimney fixed to prevent future damage. A contractor is found and A seeks permission from B to erect scaffolding (on B's land) to safeguard the contractors while work is complete. B says its not convenient (it may not be). The contractor wont work with a ladder as its unsafe. The contractor is stood down until agreement can be reached.

What is A's future liability for damages caused by further debris? Has B obstructed the repair and in doing so accepted some risk?
My suggestions are not legal advice
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Re: Damage to neighbours property

Postby dls » Thu Oct 20, 2016 12:21 pm

Try the access to neighbouring land act
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Re: Damage to neighbours property

Postby atticus » Thu Oct 20, 2016 12:23 pm

And tell your neighbour that if their lack of cooperation means that you cannot do the work on your chimney you will not accept responsibility for the consequences.
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Re: Damage to neighbours property

Postby diy » Thu Oct 20, 2016 2:16 pm

Both useful thank you.
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Re: Damage to neighbours property

Postby diy » Fri Oct 21, 2016 5:42 pm

Would it be unreasonable for A to replace new for old any damages caused by the contractors carrying out the works? I think its reasonable to pay for repair/making good (if there is damage), but I thought that is covered by common law. Surely new for old would be betterment?
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Re: Damage to neighbours property

Postby atticus » Fri Oct 21, 2016 6:45 pm

Sometimes betterment is unavoidable. Read the Harbutts Plasticine case.

I argued this successfully as advocate in a small claims case some years ago. My client's neighour had dug up drainage pipes. They had to be replaced. The pipes that were dug up were very old, but could only be replaced with brand new ones.
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Re: Damage to neighbours property

Postby diy » Fri Oct 21, 2016 9:40 pm

thanks I will have a read - at this stage B wants A to "sign up" to a badly worded deed to repair new for old any damage (caused by anyone), A thinks common law is sufficient and there is no need for a written agreement.
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