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Question DetailsAsked on 7/19/2016

My neighbor damaged our fence while renewing his property. Promised to fix but hasn't done. Already approached 2 x

Their house is behind another house. Ther is a narrow rode leading to his property. While bringing all huge trucks damaged my fence. Approached 2 times, promised to fix. I don't trust him if he would fix. What to do?

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1 Answer


You could send a certified, return receipt damand letter for compensation - and rather than have him fix, get a bid from a fencing contractor and submit that as justification for the amount you are looking for.

Note that he does not have the right or authority to just fix the fence (or get it fixed) without your approval if on your property. If a shared (property-line) fence then because the damage was done by trucks servicing his property technically he should pay for the repair and can have that done, but in the case of "parties unknown" damage you would both be equally liable for the damage. Probably a sticky legal question whether he is liable for damage done by a contractor operating on his property - likely depends on state law in your area.

You could be in a tight spot here - because technically he might not actually be liable for the damage - the proper person to go after would have been the truck driver (and his company's insurance) - and if you could not identify the specific vehicle that did it file a police report of vehicular hit-and-run with property damage (especially if felony hit and run - oer $500 damage in our area) and let the police hash out with the property owner which vehicle was there that day and did the damage. But - depending on how long ago this was could be too late to file a meaningful police report.

You could also try to trick him into disclosing who his homeowner's insurance is with and file a claim with THEM for the damage.

You can also, if demand letter does not get results, file a lawsuit - probably in small claims court.

Another option, depending on damage amount versus your homeowner's insurance deductible, would be to file a claim on your policy and let them try to recover from him or the truck driver who hit it.

Answered 3 years ago by LCD

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