My neighbor says I got stain on her vinyl fence post, and sent a bill for $200, what should I do?

Question

She successfully sued another neighbor for $500 4 or 5 years ago for a similar incident and did not replace the disputed section of fence.
There is some discoloration on the post, but it is not significant, and cannot be seen from more that 10 ft.
the post is a 2.5" in vinyl post that is very close to a cedar fence that I am responsible for maintaining.
She recently also stained her section of the wooden fence and got stain on the back side of the vinyl post.
She wouldn't tell us what color stain they used so we had to guess and we ended up with a lighter color.
The vinyl fence is at least four years old and has discoloration in other areas. She placed a note in our mail box with a quote for $200, and asked us to "remit" the amount. She spelled our name wrong and did not use a stamp or the mail service.
We expect she will take the case to small claims court as she did in the past.

Answer 1

She may be using such events as a means of getting some money. It is very unlikely a legitimate quote to fix the fence would come out at EXACTLY $200. However, if you do not act on her claim in some manner, she will take you to court.

So you need to get tough right back at her and let her know she can not just make a demand for payment without supporting paper work.

Send her a certified letter with return receipt.

First, inform her that you received her note. Tell her it is a federal offense to put non-posted items in the mail box and in the future, she needs to either hand deliver such messages or send them by certified mail.

Second, tell her that you shall not even consider paying any money based solely upon her demand. Tell her she needs to supply you with at least two written estimates from reputable fence companies as to the specific damages and the cost of fixing it, either by cleaning, staining or replacing, which ever is cheapest.

Third, if she does come through with two estimates and they seem the least bit high, get an estimate of your own. If hers are indeed inflated, you can use your own. Remember, your duty is to fix the damages, not pay her money.

Fourth, tell her that upon receipt of the estimates, you shall notify the lowest bidder that you shall pay the bid amount directly to them for the repairs once they are done but they must get authorization from her.

Fifth, once the fence post is fixed, make sure it meets with her approval. If it does not, get in writing from her exactly what about it she is not satisfied with. Take that back to the company that did the repair. Once she is satisfied, pay the money directly to the fence company. Do not let her pay them then you pay her. You can sometimes write off such costs as a property loss however, the paper trail must be directly from you to the company that did the repairs.

What this will do is put the demands back on her. You will have it in writing that you acted upon her claim, you asked for estimates and that you were willing to make good on the damages. You will also be able to prove what date you sent the letter and that she received it. If she does not get the estimates, you are within your legal rights not to pay her. If she goes ahead and contracts for a repair knowing your conditions for the repair, you need not pay her as she did not cooperate with your efforts to fix the problem. Instead of working with you, she acted on her own. If she hauls you into small claims court, you got proof you acted in an acceptable manner and she failed to follow through and acted on her own.

Sixth, the next time you do any work any where near her property, take pictures first. Use a digital camera. Put a large piece of cardboard between your fence and hers. Take a picture of that to show the care you took in painting. That way if she makes another claim, you have pictures to show that either there was no damage or it was there before you did your work.

Answer 2

I assume you're in the UK. Let's also assume that the spots are from the fence paint - the other answers have pretty much dealt with what you should do if you think you're being had over; and done so pretty well. If you've been using normal outdoor gloss/emulsion paint, then the spots should simply wipe off using white spirit if they have landed on a finished surface, like a car panel. I suggest you offer to remove them, the response should tell you if this is a try-on or not. BMW won't need to respray a panel because of four dots of paint. Why not call your local garage (any repair shop will do), say it's on your car and what do they suggest? If they say they can remove the paint in five minutes without a problem, you may think it worth your while to offer that service and fork out the £50 to get rid of the hassle. But could it be that your neighbour really wants the dent repaired? The trouble with bluff (and this sounds like a bluff to me) is that sooner or later, if you call it, they've got to carry through, or back down. They can send you all the invoices they want, ultimately the invoice has to be paid by them. What are they going to do - sue you? It's a small claim at best so no legal costs ensue. They've no proof it was you and as soon as it's 'repaired' all evidence disappears anyway. As someone who has litigated many neighbour disputes, my strong suggestion to you is never, ever become embroiled in one. They will sap your will to live (and your wallet). You've got to decide at the outset whether you are going to opt for confrontation and take a stand 'as a matter of principal' or going to opt for least friction and hassle. If you opt for the former, be prepared for a war of attrition and make absolutely sure in your own mind that's what you want. One you've decided which of these two routes you want to take, the 'answer' to your question will reveal itself. Hope this helps.

Answer 3

The first question - did you get stain on her fence? Or is the stain from the prior incident or from when she painted the fence?

Since she likes to file law suits - contact your homeowners insurance company and turn in a claim to them. They will investigate the incident. If your crazy neighbor decides to sue - your insurance company will hire an attorney to go to small claims court and defend you. So your crazy neighbor can go up against a seasoned defense attorney in small claims court.

But, you have to call your company now. If you wait until she files a law suit - your insurance company could deny coverage since you delayed reporting the claim.

The insurance company will not pay her replacement cost - they will settle with her for a deprecated value of the post. They may try to settle as a nuisance offer.

If the insurance company investigates and decides you are not responsible for the damage to the fence -then they will deny her claim.

The main thing - is the insurance company will handle it and it takes the heat off you.

Answer 4

I'm getting the idea that you *are* responsible for the stain.
Get a proper quote on the repair. If it's more than $200.00 dollars then pay the 200. If your quote for the repair is less then have it repaired. Take lots of pictures of the before and after. In most small claims courts it's not a matter of *proving* anything..it's what the judge believes to be the truth . If she sues then you are probably also liable for court costs. Even if my car is already damaged from a prior incident and you damage it in another spot, you'll have to take responsibility...sorry. You can also probably talk to a lawyer in your area on a 10 minutes for 10 dollars arrangement if it's a matter of principle..Good luck

Answer 5

Some people can be so petty.

If you honestly don't think that you should have to repay her, then don't. It's not like she was out there watching you get the stain on her fence, so she can't prove it. Do you think you did it? Or, maybe she did it herself and is trying to blame it on you?

How about this? How much would it cost to replace the discoloured post? If it's cheap enough, buy her a new one and shove that in her mailbox!
(actually, that would just get you into trouble, but you know what I mean.)

Answer 6

pack up and move, your neighbor sounds like a b*tch.

Or ...

get an estimate on how much it would cost to get the stain covered up. Im thinking probably not 200 dollars. Or do it yourself. If she sues, make sure to bring up her history of suing her neighbors. Can she even prove that you did it?

Tell her you're going to countersue for harrassment, or for her messing with your mailbox.

Answer 7

Take lots of pictures....from your side and at different times of the day to show the differences ..do not enter her property or anything...
since it's fresh in your mind...write down the details of what happened ..... i would not pay her especially since she was not cooperative and since she sued other neighbors...try to find out more about that case if you can and get a copy..it should be on public records...you may prove she's sue happy and alienating her neighbors
if she decides to sue you...take her to JUDGE JUDY...LOL...

Answer 8

Personally I would call her bluff and go to court if I had to. I think she would have to prove that you caused the stain. And since it's outside, it might be difficult to prove. She sounds like a nut case.

Answer 9

You've got to decide whether to pay the amount or not. You already know what she will do if you do not. The question is whether you want the hassle of it, or not.

Answer 10

If someone wrecks into my car and I sue them for the damages. After they pay me the money, it's up to me if I actually want to fix my car. Unforuntately, that's the way it works.