Claim Damages For Fence

Summary

Perrin can claim RM3000 in damages from Sombong Farm Sdn Bhd for fence damage caused by water flow from their land. He should document evidence, send a formal demand letter, and file a claim with the Small Claims Tribunal in Selangor. For stopping SFs farming, Perrin can seek an injunction from the Selangor High Court. Key legal principles include nuisance and negligence, supported by case laws like Sedleigh-Denfield v OCallaghan and Rylands v Fletcher. Essential documents include photos, correspondence, demand letters, and expert reports. The primary consideration is establishing a clear link between SFs activities and the damage.

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A matter has been brough to you by Perrin, who wishes to claim RM3000 in damages for destruction to his home fence by his neighbour. He has asked his neighbour, Sombong Farm Sdn Bhd (“SF”), to cease and desist farming on his neighbours land close to his land or take mitigative drainage construction on the SF’s property. The land is gazetted by the State and Municipal Authority for residential purposes. SF has ignored Perrin’s requests. The water flow from SF’s land has been the cause of the damage to Perrin’s fence as the soggy soil cause the fence poles to shift and collapse.

Hi Leo, for Perrin to claim damages, he can consider the following steps:
- Document Evidence: Gather photos, videos, and any communication with SF.
- Send a Formal Letter: Issue a formal demand letter to SF.
- File a Claim: If SF ignores the letter, Perrin can file a claim in the Small Claims Tribunal.
Has Perrin already gathered sufficient evidence to support his claim?

Where would Perrin initiate an action to claim the damages owed ?

To initiate an action to claim the damages owed, Perrin can file a claim with the Small Claims Tribunal in Selangor. This tribunal handles claims not exceeding RM5,*, making it suitable for Perrin's RM3,* claim.
Has Perrin already attempted to send a formal demand letter to SF?

yes

Perrin has a potentially strong case here. Since he has already sent a formal demand letter and gathered evidence, his next step would be to proceed with filing a claim.

~Small Claims Tribunal, Selangor
Website: https://www.kpdnhep.gov.my/
Has Perrin already drafted the claim or does he need assistance with that?

If Perrin would like to stop SF’s farming, where would he file his suit and why ?

To stop SF's farming activities, Perrin would need to file for an injunction in the Selangor High Court. This is because the High Court has jurisdiction over matters seeking equitable relief, such as injunctions, to prevent ongoing or future harm.
Does Perrin need information on how to draft or file this injunction?

can you elaborate more on what type of relief sought and how

Sure, Leo! Here’s an overview of the types of relief Perrin can seek and how:

Types of Relief:
*. Damages: Financial compensation for the harm suffered (e.g., RM3,* for fence damage).
*. Injunction: A court order to stop SF from continuing harmful activities (farming too close to Perrin’s land).

How to Seek Relief:
*. Small Claims for Damages:
- File a Claim: Submit a claim to the Small Claims Tribunal in Selangor.
- Documents Needed: Evidence of damage, communication with SF, receipts, etc.
*. Injunction to Stop Farming:
- File for Injunction: Submit an application to the Selangor High Court.
- Documents Needed: Evidence of ongoing harm, affidavits, and legal arguments supporting the need for an injunction.
Would Perrin need help in drafting these documents?

how about remedies

Leo, there are mainly two types of remedies Perrin can seek:
*. Monetary Damages:
- Compensatory Damages: To cover the cost of repairing the damaged fence (RM3,*).
- Special Damages: Any additional costs incurred due to the damage, like legal fees.
*. Equitable Remedies:
- Injunction: A court order directing SF to stop farming activities that cause harm to Perrin’s property.
- Specific Performance: A less common remedy, but it would require SF to construct mitigative drainage to prevent future damage.
Would Perrin need more details on pursuing these remedies?

can you provide case law or principles as reference

Sure, Leo! Here are some relevant legal principles and case laws that could support Perrin's claim:

Legal Principles:
*. Nuisance: When a party's actions unreasonably interfere with another's use and enjoyment of their property.
*. Negligence: Failure to take reasonable care to avoid causing injury or loss to another person.

Case Laws:
*. Sedleigh-Denfield v O'Callaghan [*] AC *: Establishes liability for nuisance when a party's use of land indirectly causes damage to a neighbor's property.
*. Rylands v Fletcher [*] UKHL *: Liability for damages resulting from the escape of something likely to cause harm, even if no negligence is involved.
Would Perrin need more information on how to apply these principles to his case?

yes please

Sure, Leo! Here’s how Perrin can apply these principles to his case:

Legal Principles Explained:
*. Nuisance:
- Definition: Unreasonable interference with the use and enjoyment of one's property.
- Application: SF’s farming activities cause water flow that damages Perrin’s fence, impairing his property use.
*. Negligence:
- Definition: Failure to exercise reasonable care to prevent harm to others.
- Application: SF ignored requests to mitigate the drainage issue, showing negligence in preventing foreseeable damage.

Case Laws Applied:
*. Sedleigh-Denfield v O'Callaghan [*] AC *:
- Relevance: Establishes liability for indirect damage caused by one's use of land.
- Application: SF’s water drainage indirectly causes damage to Perrin’s fence.
*. Rylands v Fletcher [*] UKHL *:
- Relevance: Liability for escape of harmful elements from one's land.
- Application: The water flow from SF’s land escapes and harms Perrin’s property.
Would Perrin need more specific details ondrafting the legal documents or additional case laws for his situation?

What documents would you want from Perrin to support such an action ?

Leo, for Perrin to support his action, he should gather the following documents:
- Photographs and videos of the damaged fence.
- Correspondence with SF (emails, letters, etc.).
- Formal demand letter sent to SF.
- Receipts or invoices for any repair costs.
- Affidavits or witness statements (if any).
- Expert reports (e.g., from a surveyor on the drainage issue).
Does Perrin need assistance with drafting any specific documents?

What documents would you need to source for to support Perrin’s action

To support Perrin’s action, he would need to gather the following documents:
- Photographs and videos of the damaged fence.
- Correspondence with SF (emails, letters, etc.).
- The formal demand letter sent to SF.
- Receipts or invoices for repair costs.
- Affidavits or witness statements.
- Expert reports (e.g., from a surveyor on drainage issues).
Does Perrin need help drafting any specific documents?

What would be the Originating Process used to initiate the suit and why ?

To initiate the suit, Perrin should use the following originating processes:
*. Claim for Damages:
- Small Claims Tribunal: File a claim directly with the tribunal for the RM3,* damages. This is straightforward and cost-effective.

*. Injunction:
- Selangor High Court: File an application for an injunction to stop SF’s harmful farming activities. This is because the High Court has the jurisdiction to grant equitable relief like injunctions.
Would Perrin need assistance with drafting these originating processes?

What would be the key points and pleas to include in a Statement of Claim/Affidavit in Support ?

Hi Leo! Here are the key points and pleas that Perrin should include in his Statement of Claim/Affidavit in Support:

Key Points:
*. Parties Involved:
- Plaintiff: Perrin
- Defendant: Sombong Farm Sdn Bhd (SF)
*. Nature of Claim:
- Damages: RM3,* for destruction of the home fence.
- Injunction: To stop SF’s farming activities causing harm.
*. Facts of the Case:
- Description of the damage caused by water flow from SF’s land.
- Evidence of soggy soil leading to fence collapse.
- Gazetted status of land for residential purposes.
*. Evidence:
- Photos and videos of the damaged fence.
- Correspondence with SF.
- Formal demand letter sent to SF.
- Repair invoices.
- Expert reports on drainage issue.
*. Legal Principles and Case Laws:
- Nuisance: SF’s farming activities interfering with Perrin’s property.
- Negligence: SF’s failure to mitigate drainage issues.
- Case Laws: Sedleigh-Denfield v O'Callaghan, Rylands v Fletcher.

Pleas:
*. Relief Sought:
- Monetary Damages: RM3,* for fence repair.
- Equitable Relief: Injunction to stop SF’s harmful farming activities.
- Specific Performance: (Optional) Require SF to construct mitigative drainage.
*. Legal Arguments:
- SF’s activities constitute a nuisance and negligence.
- Citing relevant case laws to support claims.
*. Request for Court Orders:
- An order for damages.
- An injunction to prevent further harm.
Does Perrin need help with drafting any specific parts of these documents?

What is the primary consideration to be taken into account when seeking from Court the relief that your Perrin wants ?

When seeking relief from the court, the primary consideration for Perrin is to clearly establish the cause-and-effect relationship between SF's farming activities and the damage to his property. Perrin should focus on:
- Evidence: Strong, documented evidence of the damage and its cause.
- Legal Basis: Clearly articulated legal arguments based on nuisance and negligence.
- Relief Sought: Specific, well-defined relief, such as monetary damages and an injunction.
Would Perrin require assistance with legal representation or further clarification on any of these points?

Claim Damages For Fence

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