More legal advice required.

[Dimond Geezer]

I would like a bit of advice from the wise ones on here.

 

My garden backs on to a couple of newly built, and as yet un-sold bungalows, on a site that was originally garages. The developer originally erected a tv aerial on one of the bungalows, central to our garden about 6 ft above the rear wall. It makes an ideal target for footballs/rugby balls flying out of our garden. I've pointed out it's vulnerability to flying objects & asked them to move the aerial to the other end of the bungalow, instead they lowered it by about 3ft, it still presents a pretty tasty target. The developer has told me it can't be moved & it will be staying where it is.

 

I'd like to know, should get accidentally damaged whether or not I would be legally responsible, obviously I don't think I should be, as I've done all I can to get it protected, both verbally & in writing, I've also asked that they make any prospective purchasers aware of the situation.

 

Cheers Chaps & Chapesses.

[Saint-scooby]

Nip down later tonight and cut it off, blame the metal thieves.

[Minty]

Assuming you're talking about your children potentially causing the damage from playing with aforementioned Footballs/Rugby balls then here's the advice from CAB:

 

Damage done by children

If a neighbour’s child causes damage to a property, a conciliatory approach to settle the matter is probably the best solution. Legally, the child can be sued for damages if they are old enough to know what they were doing. In practice, this is unrealistic since few courts would look favourably on such an action, and a child is unlikely to have much money to pay any damages. However, the parents of the child may be liable for negligence and damages if they have trusted the child with something dangerous that was beyond their capability to use responsibly, for example, an air gun. The parents may also be liable if they have failed to exercise the control that would be expected of a parent given the child’s age.

So, yes, you can be liable, despite all your previous efforts, but it is unlikely it would get that far.

 

Probably better to speak to the new owners once they move in and see what they say.

[scotty]

Wait and see who moves in, is my advice. If its some miserable scratter then who gives a f*ck about his telly aerial, let the kids knock it down for giggles. On the other hand, it might turn out to be a smoking hot blonde, in which case you may enjoy some regular visits to apologise and fiddle with her antenna.....if you get my drift.....

[hutch]

The developer originally erected a tv aerial on one of the bungalows,

How quaint. Is it governed by some sort of Historic Buildings trust?

[Whitey Grandad]

My thoughts: if you hit it, you're responsible.

[Dimond Geezer]

Assuming you're talking about your children potentially causing the damage from playing with aforementioned Footballs/Rugby balls then here's the advice from CAB:

 

 

So, yes, you can be liable, despite all your previous efforts, but it is unlikely it would get that far.

 

Probably better to speak to the new owners once they move in and see what they say.

 

Thanks for that, didn't think about the CAB.

[Dimond Geezer]

My thoughts: if you hit it, you're responsible.

 

Ordinarily I would agree, if a ball damaged my current neighbours property, then I'd have no hesitation paying-up, but this is a new-build, and we are potentially being put in a position, not of my making, where-by we are suddenly liable for a compensation event. It just seems wrong that the developers have the opportunity to prevent such an event yet have chosen not to. I don't see why I should foot a bill for something beyond my control & which I had warned about.

 

I guess life's not fair though.