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by Kris Reid  July 7, 2006 8:08 am
Smash Repairs
kittyc asked:




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7 Comments

  1. by WHO am i? July 10, 2006 at 1:20 am

    take photos as proof.

  2. by trigger July 13, 2006 at 12:36 am

    go to citizens advice brureu or go to small claims court but it could cos you

  3. by m7m7 July 15, 2006 at 7:59 am

    Ask for maintenance record(s) from your neighbor or their ins. company

  4. by dels replies July 17, 2006 at 8:57 pm

    You either consult a solicitor and sue her for the excess in the small claims court, or forget it… You can sue both her and her insurers… Whether you can get anything done about the state of the greenhouse on her property is debateable,,,,Perhaps not until further damage is caused….

  5. by tobykaly July 19, 2006 at 3:14 am

    push the thing over on a windy night time that will sort out, dirty trick but if she dont care why should you go for it

  6. by Fred C July 20, 2006 at 10:46 pm

    She didn’t cause the wind. If your insurance isn’t subrogating against her, you are going to have a tough time, plus you create an enemy in the person next door.
    What kind of maintenance do you think could have been done to a greenhouse to keep the wind from damaging it?

  7. by welcome news July 22, 2006 at 1:21 pm

    You might be able to get her under the rule of ‘Rylands and Fletcher’ where if someone brings something onto their land which is a ‘non-natural’ use then they are strictly liable should it escape. i.e. negligence does not have to be proved.

    Just quoting the rule might give the insurers something to think about even if they can refute it.

    The second choice would be to hold her liable as a private nuisance. . .

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