Neighbor business damaging our warehouse

[samuel5]

Hi all,

After some advice if possible regarding a neighbor business damaging our warehouse that we own.

A pallet storage company has moved in next door and is stacking pallets very high and close to our building.

They have caused damage in several places where the forklift or pallets have hit the metal fabrication and also our insurance is at fault since no pallets should be stored within 1 metre of the building.

There is only one guy that works there who does not speak English and the owner of the business will not return my calls. (They have several sites)

We know the landlord quite well as we purchased our building from him but he is not taking any action against his tennant dispite multiple complaints.
All he says is that he will not be renewing their lease and they will be out soon.

How do we go about claiming for damages to our building and who do we claim against, the landlord or the tennant?

Thanks in advance

Sam

 

[prophet01]

This isn't really a business matter, it's a boundary dispute between two neighbours (one with a landlord) who happen to be running businesses.

You say they are storing pallets very high and close to your building. If they are on their "leased land" and not encroaching on your land, unless their lease incorporates a restriction on use (you mention something about not storing pallets within 1m of the building), then I don't see that as an issue. Your issue is to do with actual damage being caused to your property.

You ask the question "How do we go about claiming for damages to our building and who do we claim against?" I really think you should be having preliminary discussions with a solicitor. I don't see how anyone can offer properly considered advice without a great deal more information.

 

[Newchodge]

Is the edge of your building at the boundary of your land or is the neighbour encroaching on your land when causing the damage?

If there is no encroachment, ie they are on their land when they cause the damage, get 3 estimates of the cost of the damage and issue a letter before action to the business owner stating that you will commence legal action for the damage caused unless payment of the damages is received within 14 days.

If you get no reply start a claim through the small claims court against the business owner.

If there has been encroachment advise the business owner in writing that you will be reporting the employee to the police for causing criminal damage - negligently causing damage while trespassing.unless payment of the damages is received within 14 days.

 

[Mike10]

Call the cops for starter. See what they'll tell you about damages to your property.

 

[Gecko001]

You probably before and after damage photographs. The after photos can be taken now I presume without trespassing on next doors property. If you have not got phots before the damage was done, try Google Earth Streetview. Their photos are usually several months old and might have something. You need to be careful with copyright with Google Street View, so check if you can print them or make save screen captures without breaking copyright law.