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Fire-Damaged Fence Repairs

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  • Fire-Damaged Fence Repairs

    So the person next door has a small rubbish fire. The wind gets up and nobody is there to see wind-blown embers start the wooden paling fence alight.

    Later that day, the surprisingly long length of smouldering fence is noticed and extinguished.

    An insurance claim is lodged for the fence repairs. The coy says boundary fence repairs are a 50:50 cost, even though the neighbour whose fire was the cause admits liability.

    50% each for fair wear and tear fence repairs seems appropriate. But the same for fire damage where one party-liability is admitted?

    Seems odd, to me.

  • #2
    Whose insurance was it claimed on, the fire-starter or the innocent neighbour?
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

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    • #3
      The fire starter - whose insurance co said that 'the law' says that the blameless neighbour must contribute half the repair cost.

      Seems weird, to me.

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      • #4
        Seems very weird. What does the blameless one's insurance co say?
        My blog. From personal experience.
        http://statehousinginnz.wordpress.com/

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        • #5
          The Fencing Act s17 says that the owner causing the damage pays the full cost of repairs. So the other owner is not liable.

          Might pay to get some legal advice but looks to me that the insurance company pays whatever, and the damage causing owner pays the balance and enters into dispute with the insurance company perhaps. May need a fencing notice to the damaging owner.

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          • #6
            Originally posted by artemis View Post
            The Fencing Act s17 says that the owner causing the damage pays the full cost of repairs. So the other owner is not liable.
            Seems a fair call
            17 Liability for damage caused by occupier

            If any fence is damaged or destroyed in circumstances in which, apart from
            this Act, an occupier would be liable therefor, he shall be liable for
            the whole cost of making good the fence.

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            • #7
              I had a similar problem.

              I own two houses, both fenced, with a right of way between them that services five other houses.

              A vehicle ran off the road and crashed through the front and side fences of both of my front properties.
              My insurance company wanted to pay me only 50% of the repair cost of each side fence, on the basis that the other houses down the right of way should pay the other 50% - even though they are well back from the road and the damage area.

              Fat chance.

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              • #8
                Fat chance that you'd agree to that with the insurer?

                Or fat chance the back section owners would pay 50%?

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                • #9
                  Fat chance that I'd agree.
                  After some dicussion, they paid the full whack (less excess).

                  Mind you, I never did tell them that I also own two of the other five houses down the ROW, or they might have argued harder.

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                  • #10
                    But they'd have been liable for 40% of the neighbours' contributions anyway......so 70% all up. Don't you think they'd have argued less?
                    My blog. From personal experience.
                    http://statehousinginnz.wordpress.com/

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