My neighbours builder has damaged my fence

Joined
1 Sep 2009
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While I was out, or maybe not, builder dropped something over my fence and then has tried to lift fence from bottom and broken bits off.
This was not equipment that would have stopped them working in any way.

Apart from stupidity Is this criminal damage and/or trespass?
Should I bother if so or will it just waste my time?
Any suggestions would be appreciated?

I've been nothing but nice to the guy so far but that's doesn't seem to count for much with some people maybe!

I very clearly told the builder while with my neighbour before works started to make sure there was no damage, and also very clearly DO NOT come over my fence if they drop anything over.

Where do I stand?
The damage isn't very bad but now light gaps at bottom of fence panel and this is the 2nd time damage to has happened and he's been reminded when something happened the first time!

 
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Criminal Damage has to be intentional (self explanatory and unlikely to be the case) or reckless (knew of a risk and took it, closer but think they would have a successful argument that they thought it would be OK lifting a fence) so I think that is a non starter and you would find the Police/courts not finding it in the public interest to go further. Even trespass which would need you to launch some sort of claim in the county court would be a monumental waste of time money and effort for a fence panel.

Have you sat down with neighbour and asked him anything? Get them to sort it out with the builders to re-imburse you or you sort it out with the builders if the neighbour wont. Are they a big company, complain to the boss if you get nowhere with them etc etc.
 

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