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Where do I stand if the concrete pointing has fallen from my house onto my neighbours car?


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I don't know if this is the correct place to post.

 

I have a linked detached house and it isn't in the best of repair.

We had very high winds last week and some of the concrete pointing fell out (the wood on the fascias has rotted) onto my neighbours drive, luckily her car wasn't there but she has said if her car had have been damaged she would sue me.

Can she do that?

 

I haven't the money for new fascia but have had a roofer round to make it safe.

I just wanted to know for future reference.

 

Also my fence was blown down nearly so it is leaning but not blown over.

She has told me I need to get it fixed immediately as she cannot weed her garden

 

. Again does anyone know where I stand legally.

Thanks for any help you can give me.

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Yes. She probably could sue you. You – or if you are renting, your landlord, are responsible for keeping your property in good repair at least to the extent that it doesn't cause any danger to anyone else.

 

If your fence is leaning over it onto her property or even over it, then you are effectively committing a trespass and you could be sued for that. Alternatively, if she simply wanted to take action in respect of the interference with her ability to maintain her garden, she could see you for a nuisance.

 

I'm afraid that house ownership comes with certain responsibilities. It's much better in the end, to maintain the property at least so it doesn't cause any bother to anyone else – and it's much better for good relations with your neighbours as well.

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Firstly, it is a condtion of House Insurance that property should be kept in a good state of repair to reduce risk of liability to Insurers.

 

Buildings Insurance includes liability cover for the owner and Contents Insurance includes liability cover for the occupier.

 

If part of a house damages a neighbours property, it depends on whether the owner or occupier could have prevented liability being created. If you don't maintain a property in a good state of repair and you know this to be the case, then you risk your Insurers not covering any liability to the neighbour. It is quite often the occupier that is liable, if they knew about the potential liability issue but did nothing about it. As soon as you notice any potential issue, you should seek to make a property safe or if you are renting immediately advise the landlord/letting agency,

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As others have said you need to make your roof safe and if you don't your insurance company may refuse to pay out if a claim is made and they can prove the property was not maintained - that will be a clause in your building insurance. Regarding the fence I would be writing to your neighbour and asking for permission in writing to enter her property to maintain and repair the fence. Do not undertake it until you have got permission, if she doesn't want to give permission then tough, the fence can fall down and there's little she can do as you have made reasonable effort to gain access to effect a repair. Also remember that while you need to make the fence safe, it doesn't have to be pretty, she might not like it and end up putting up her own fence - problem solved (just saying).

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