Gardener fixed the wrong side of the fence

[ZoobyZoobyZoo]

The gardener has replaced the fence on the right side of my garden looking out, which I think is not mine, but not the left, which I know is. He did it whilst I was away for the weekend. I'd given him clear instructions beforehand and I've paid him. He's not a cowboy, he's been used by many friends. But he fixed the wrong side.

In the meantime there's still the rotten fence on the left side of my garden. It's not as bad as the one that's been fixed which was like sponge, falling down and a strong wind would have blown it over.

I've spoken to him and he feels silly but of course he needs paying. He's suggested I talk to the owner and ask him to reimburse seeing as he is actually responsible. He's happy to confirm the state of the fence with him

The guy who owns next door is tighter than Ebenezer Scrooge however and he may just refuse. AIBU to ask?

Yep, £550 for a whole fence inc labour, I think this was acash in hand job with no contract and nothing on paper.
It's also on the gardener to fix, not your neighbour.
It doesn't matter how rotten the neighbour's fence was that was fixed "by mistake" the neighbour didn't choose to fix it, your gardener did.

I'd check on your own deeds which fence is yours as you don't seem to injure for sure. You might own all boundaries

But the neighbour didn't ask to have a nice new fence.

The only cf here is the builder who has the cheek to expect to be paid and suggests the ndn contribute.

Apologies if not relevant NRFT, this is the gardener's fault, not yours. You paid him in advance for a job and he hasn't done the work. He should be the one having to ask the neighbour for payment of unsolicited work he carried out on his property, not you, but I very much doubt the neighbour will pay up as he didn't employ him to do it. As far as you are concerned, you are still waiting for the gardener to fix your fence and if he doesn't then I'd threaten him with further /legal action, he won't want this getting out as no one will trust him. It's his fault not yours and I'd be telling him that in no uncertain terms. Approaching the neighbour is not your responsibility.

I only just saw the £550 bit.

Which sounds like a bargain. Unless it was just doing something like slot the panels in between existing concrete posts.

Even if it were just slotting the panels in, £550 isn't that much. Depends on how many panels of course.

It wasn't literal cash, I paid by bank transfer. He's shown me the receipts.

But why did you pay? Hadn't you seen the job yet? Why on earth would you pay someone to fix the wrong damned fence?

That's completely bonkers.

There's no automatic sides that are your like some people think. And although deeds can sometimes mark a side that a fence would belong or be responsible for, they often say nothing and either side can do as they please.

@ZoobyZoobyZoo this is straight forward.

Did you physically go into your garden with the gardener, point to the fence that needs replacing and physically show him?

If you did, then your gardener made a mistake and needa to pay to replace the correct one.

If you didn't then your instructions were not clear enough so you need to pay again to replace the other one.

If you paid in advance I think he failed to do what he was contracted to and you can go to the small claims if needed. If you paid him after then I think you are accepting he did the job correctly.

OP - please let us know what happens!!

Bit late, but shouldn’t title read “Gardener fixed fence on the wrong side?” At the moment it sounds as if he only worked on one side of the fence!

I thought she meant he installed the 'nicer/flatter' side of the fence facing the wrong garden! I agree- the header confused me at first.

Why are you ignoring all the posters giving you advice about how to handle this as it is actually your gardener’s job to sort out and make good. He needs to do the job he was paid for and eat the cost of his mistake.

I'm not ignoring anyone. I'm processing what people say, working until 6, cooking and cleaning. I need to think what to do first, not start an argument with the gardener if I want him to do the other side for a reduced cost.

not start an argument with the gardener if I want him to do the other side for a reduced cost

It should be NO extra cost- you've already paid OP!

Why would you pay him again, even at a reduced cost, to do the job you instructed him to do, which you’ve already paid for?

All you need to do is tell him to do the job he was told to do. You don't owe him more money unless the correct fence is more expensive and you pay the difference. Did he give you a quote.

I’d have told the gardener to take the fence down from the wrong side and replace the broken one and use the fence panels to do the side he was actually meant to do!!

Op was away so didn't supervise the work and the fence panels were probably broken up and dumped by now. The fencer has made a nice little earner and shouldn't expect to be paid twice.

Yes he took the old dead wood to the tip.

It's between you and the gardener to resolve, and nothing to do with the neighbor.

YoI really shouldn’t have paid if the job you were quoted for wasn’t done, OP. How did he convince you to pay him?

All fence panels are dead wood, how did he even think it was OK to approach the ndn.