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to report this man for criminal damage?

(10 Posts)
featherbag Fri 21-Sep-12 20:27:14

Bit of back story - we rent our house, have done for just over a year, me, DH and nearly-1yo DS. Almost a year ago, the fence between our house and next door was blown down by a storm (semi-detached house, fence is between us and the house we're not attached to), and our landlord's been an absolute cock about paying his share towards getting it replaced. He's refused point blank to discuss going halfs with our neighbour (who's lovely) even after getting copies of the deeds showing it's shared fence, and after the letting agent pointing out he's making himself legally liable for anything that happens to us or our property as a result of having a half-down fence. Since we moved in, DH has worked very hard on making the garden beautiful - he's turned an overgrown mess into a colourful, well-planted oasis, at no small physical and financial cost.

Tonight, we returned from bringing DS home from hospital where he'd been for 2 days due to breathing difficulties caused by yet another viral infection, and were overjoyed to see evidence of work being done on the fence. It turns out our lovely neighbour has finally gotten sick of arguing with the landlord and paid for the fence to be replaced - hopefully she'll take him to small claims to get his half back. However when we went into the garden to have a look, the contractor who's put the fence posts in has put them all on our (landlord's) side of the boundary, and has pulled up any of our plants that were in his way, as well as burying half of our flowerbeds in the resultant excess soil. Half of the garden is totally wrecked - you can see where he's just yanked plants out by the root and slung them to one side!

He's coming back on Monday to finish the fence - WIBU to tell him he owes us for the damage done or I'm reporting him to the police for criminal damage? I was thinking of saying £50, but thinking about it most of the plants were grown from seed, and if you add in the 'cost' of labour plus the cost of replacing plants at their current level of maturity, it's probably more like £100. I've spoken to the neighbour and assured her we aren't blaming her, plus made her aware of the damage done. DH is so upset, he's put his heart and soul into that garden, it's been a form of therapy for him during summer, MIL was seriously ill all summer and eventually died about 7 weeks ago.

GoldShip Fri 21-Sep-12 20:30:11

YANBU at all!!

milli2512 Fri 21-Sep-12 20:33:01

What an asshole!

OutragedAtThePriceOfFreddos Fri 21-Sep-12 20:39:23

Your poor DH! I'm not a gardeny person, but I know thise that are take damaged plants particularly badly.

It seems a bit extreme to phone the police, and I'm not sure what you should do, but I would take lots of photos of the damage and email them to the fencing company with a very strong complaint. If you have time you could also go along to the garden centre and work out a cost of replacing everything, and get a quote for a gardener. If you act like you mean business, hopefully they will put right their wrong and you won't need to use all the information you have gathered to take them to court.

SlightlySuperiorPeasant Fri 21-Sep-12 20:40:11

YANBU, that's disgusting. Have you taken photos?

Socknickingpixie Fri 21-Sep-12 21:00:26

yabu if you dont at first talk nicely and ask him to make good if that fails then yanbu

RuleBritannia Fri 21-Sep-12 21:08:11

Our neighbours built a wall between our back gardens but they did tell us when it was going to happen. Our only loss was one lily bulb.

Why didn't your neighbours tell you when the fence was going to be put up so that you could rescue some of your plants in advance and replace them later?

cumfy Fri 21-Sep-12 21:08:50

YANBU
Have you checked with your neighbour to find out exactly what the contractor was asked to do.
It seems particularly odd for the fencer to be destroying the garden and putting fence posts in the property he is not working for

featherbag Sat 22-Sep-12 09:11:29

Thanks for the replies, sorry I didn't reply but was so exhausted after getting in from hospital I fell asleep on the sofa! Still enraged this morning looking at the damage in stark sunlight. I'm going to have to have a think on how to handle this, I don't want to upset my neighbour who's ill, but I also can't forget the look on DH's face when he saw the damage so can't do nothing sad

YesIamYourSisterInLaw Tue 25-Sep-12 20:41:10

I'm nosey and after an update grin

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