The fence is mine. On 5 May I asked the neighbour to be reasonable and to help sort it out amicably, but he said, "The fence is yours; it's your responsiblity and if you want to take it further, then good luck to you." Until recently he was asking to come in to my garden to retrieve up to 6 footballs daily, until I had had enough. His children, who are well-mannered, unlike their father, have a goal-post against his house. I have asked him to put something in front of the fencing to protect it. The main problem is that my dog escapes through the damaged panels. I have paid someone to shore up the holes on two occasions, but another hole soon appears. I had the fence erected in March 2004. It should have a life-span of at least 15 years and the rest of my fencing is 10 years old and in good condition.

I assume that this fence is your responsibility (check deeds) - is the fence between your two properties or external ?

Thanks for your reply. It's very helpful, particularly in pointing out that I should replace with like-for-like. I have written, but not with a quotation yet. I think, if the neighbour has to pay, then he'll be more responsible. The fence is only four years old and is wrecked. Even one of the posts is broken.

http://www.moneyclaim.gov.uk/

I would be inclined to accept that you both need a tougher fence.

If you really want your neighbour to share the cost or even pay for it all, you could write with a quote (explain that you are writing to keep a record in case court action becomes appropriate). You could be successful with a claim for compensation if there had been damage by the neighbour but, personally, I reckon that a football bouncing against it might count as general wear and tear.

Whether you fix the fence before claiming is up to you but you do need to put in writing what you are claiming and why you feel the neighbour should pay so that the neighbour has a chance to respond before you go to court.

My opinion is that, if you want a tougher fence more than your neighbour, you should pay. A claim for compensation would only pay for a fence similar to whatever you currently have,

My neighbour is consistently wrecking my fence by using it as a goal post and, for more than two years, has consistently refused to accept responsibility. I need to replace the fence as my dog keeps escaping into the neighbour's garden and out onto the road. All attemps to resolve this amicably have failed and I am worried something will happen to my dog, or that the dog may cause an accident. Is it possible for me to make an application to the Small Claims Court with a quotation for works to be done, or do I need to pay to replace the damaged fence and apply to the Court with an invoice?