Hi All and thanks for any input.
In WA we have HardiFence which is compressed concrete sheets in a wave profile and tin capping on the top. It has now been phased out in WA and only ColorBond Fencing is available. I have owned this property for over 23 years, the Hardi Fences on one side, while not perfect, are (were) in good serviceable condition, until the new owner next door smashed through both fences on a quad bike he was racing around on, on New Year's Eve. He smashed through our dividing (common) fence as well as smashing my own fence on the other side. He also damaged gardens on both sides of my fence (not a common fence) which divides my front yard and back yard. No apologies were heard.
Can I claim money from him for damage to the garden? I want $300 for the damage to the garden. It is very upsetting and stressful and one of the Monsterias was around 13 years old, as well as other plants trampled etc when him and his mates patched up the fences temporarily. But how can that cost be proved or justified, even though it is small?
I have already sent him a letter in his letterbox and his GF (via her email) some fence quotes and a friendly sort of reminder, and a few months ago I went ahead and paid for a new Colorbond fence to replace my own fence. He has seen it, but 8 months later he has not said anything or responded but he did mumble something about giving me some money for it during a chat over the fence once, but nothing so far. They both work, he is an electrician so money would not be the issue. She didn't even answer the email I sent which had a table I made up with three fence quote comparisons. Prior to crashing into these fences, he also damaged the common fence some months previously when removing some large gumtrees which were right on our fence line. And didn't tell me about it, although I knew straight away.
To complicate matters, he has gone ahead and butchered a tree of mine that was partly over his fence and not at all a danger (trunk was vertical to the fence) and didn't even have the courtesy to inform me first or leave me any of the branches which I said I wanted for firewood. Prior to this, a rotten branch came down in his backyard and I gave him a $100 cash to pay for petrol to take the foliage to the dump. I have been generous and easy going about this whole thing but he has taken full advantage of it.
I am now arranging Debt Collection Solicitors to have a Letter of Demand sent for my costs in erecting a new fence (my fence, not the common fence - that is a separate matter, yet to be resolved).
My questions are, should I send another letter at the same time detailing why I am seeking reimbursement of costs? It would include my observations of his lack of communication, what he had done, his responsibilities and other things. The formatted LoD doesn't allow for explanations, just sets out the costs being sought.
And what happens if he only pays half, or only one instalment? It's only $1300 being sought, so if he only pays say, $500, is it still worth it to initiate court?
Finally, what about the common fence that he has damaged twice? Should I have to pay any contribution to that? It wasn't new and a bit uneven, but perfectly serviceable as a fence.
Thanks for reading.
In WA we have HardiFence which is compressed concrete sheets in a wave profile and tin capping on the top. It has now been phased out in WA and only ColorBond Fencing is available. I have owned this property for over 23 years, the Hardi Fences on one side, while not perfect, are (were) in good serviceable condition, until the new owner next door smashed through both fences on a quad bike he was racing around on, on New Year's Eve. He smashed through our dividing (common) fence as well as smashing my own fence on the other side. He also damaged gardens on both sides of my fence (not a common fence) which divides my front yard and back yard. No apologies were heard.
Can I claim money from him for damage to the garden? I want $300 for the damage to the garden. It is very upsetting and stressful and one of the Monsterias was around 13 years old, as well as other plants trampled etc when him and his mates patched up the fences temporarily. But how can that cost be proved or justified, even though it is small?
I have already sent him a letter in his letterbox and his GF (via her email) some fence quotes and a friendly sort of reminder, and a few months ago I went ahead and paid for a new Colorbond fence to replace my own fence. He has seen it, but 8 months later he has not said anything or responded but he did mumble something about giving me some money for it during a chat over the fence once, but nothing so far. They both work, he is an electrician so money would not be the issue. She didn't even answer the email I sent which had a table I made up with three fence quote comparisons. Prior to crashing into these fences, he also damaged the common fence some months previously when removing some large gumtrees which were right on our fence line. And didn't tell me about it, although I knew straight away.
To complicate matters, he has gone ahead and butchered a tree of mine that was partly over his fence and not at all a danger (trunk was vertical to the fence) and didn't even have the courtesy to inform me first or leave me any of the branches which I said I wanted for firewood. Prior to this, a rotten branch came down in his backyard and I gave him a $100 cash to pay for petrol to take the foliage to the dump. I have been generous and easy going about this whole thing but he has taken full advantage of it.
I am now arranging Debt Collection Solicitors to have a Letter of Demand sent for my costs in erecting a new fence (my fence, not the common fence - that is a separate matter, yet to be resolved).
My questions are, should I send another letter at the same time detailing why I am seeking reimbursement of costs? It would include my observations of his lack of communication, what he had done, his responsibilities and other things. The formatted LoD doesn't allow for explanations, just sets out the costs being sought.
And what happens if he only pays half, or only one instalment? It's only $1300 being sought, so if he only pays say, $500, is it still worth it to initiate court?
Finally, what about the common fence that he has damaged twice? Should I have to pay any contribution to that? It wasn't new and a bit uneven, but perfectly serviceable as a fence.
Thanks for reading.