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Access to neighbouring land act re: scaffolding

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  • Access to neighbouring land act re: scaffolding

    Hi can any help me on this one or am in totally the wrong place any advice is urgently needed got a solicitors letter today about scaffolding being put in my garden

  • #2
    Re: Access to neighbouring land act

    To clarify:
    This is scaffolding for a neighbouring property which encroaches on your land
    or:
    This is scaffolding on your property which encroaches on a neighbours land

    A good source of advice is here:

    Garden Law Discussion :: Index

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    • #3
      Re: Access to neighbouring land act

      Hi adamski and welcome to Beagles

      I think you will need to give a bit more info if possible,so that you can receive the advice you need.
      :11:

      Comment


      • #4
        Re: Access to neighbouring land act

        Hi
        A local charity who are developers have bought the house and are turning it into flats which backs onto my garden i live in a terrraced house, the wall of the house is my garden wall as such.

        We objected to this and our objection was upheld and they launched an appeal and our objection was once again upheld, they then scaled down the plan and they got permisson.

        They now want to put scaffolding in our garden for 4 weeks and more to do the roof and repair the wall etc.

        We asked for compensation which we belivedwould be given to us under the neighbouring land act, and we asked for dates of work start and finish time what materials how many builders would come on our land times etc etc

        We had a meeting with the builders and asked for all this and they went back to charity and we then received a solictors letter this morning and it reads like this.

        We are instructed by ******* and understand that you are deliberately blocking progress to our clients' property at ****** *******. As you are aware ****** ****** is this countrys main umbrella charity surporting the racing industry and does exceptional work in assisting those in need. It is particulary disapointing therefore that you have taken this view over the erection of scaffolding for a few short weeks. We note, therefore that you would be prepared to cooperate subject to money being paid to you.

        We are instructed that there will be little if any interference to you while the work is being carried out to the roof which is essential repair work. The scaffold will essentially be at high level with two towers either side which will not impede your access. As you are aware our clients are prepared to clean up the rear wall and pay compensation if appropriate for any of the alleged water damage up to a maximum of 400 but they will need high level access and they will provide a asphalt's path to make it easier for you to move your bins but this is as far as they will be allowed to go at this stage. They are a Charity and as such have very strict rules governing payments.

        The purpose of this letter therefore is to put notice that unless we receive your consent in writing to the erection of a scaffold no later than 4pm on Tuedsay 17th June 2008 we are instructed to make an application to the County court pursuant to the access to neighbouring land act without further notice. We have to put you on notice that if ****** ******* is forced to make such an application then it will be obliged to seek costs and disimbursements of making that application from you. We would anticipate the costs of making that application could be in the region of 2,000 -3,000
        We therefore await hearing from you as a matter of urgency.

        We have never asked for the path to be laid or the wall to be cleaned we are happy with it as it is. we do not use the path for our bins.

        We will be unable to let our children play in our garden we will be unable to use our garden in effect our garden will be a building site regardless of how high the work being carried out is, so it is major inconvienece to us.

        Any more info or advice greatly received I feel we may just have to give in as we have no money for solicitors.
        Last edited by adamski; 16th June 2008, 04:43:AM.

        Comment


        • #5
          Re: Access to neighbouring land act

          I'm not sure I see the problem that you have. They have planning permission for these works and all they require from you is your permission to put some scaffold poles in your garden.

          There will be netting around the top level of scaffold to stop any objects falling so use of garden should not be affected.

          They have also said they will make good any repairs.

          Comment


          • #6
            Re: Access to neighbouring land act

            Hi thanks for the reply
            So my children can safely play in our garden then?

            Comment


            • #7
              Re: Access to neighbouring land act

              I'm not certain what compensation you will be due if any but I do know that they are only giving you a few days notice before threatening legal action. They should also have advised you to seek independent legal advice.

              So my gut instinct is that they are simply trying to scare you into agreeing.

              I would agree that having a scaffold at the bottom of your garden for several weeks will be very intrusive, even if it is at high level. How long is your garden, I'm imagining about 30'? So every time you or your kids enter the garden, you will be overlooked, at risk of materials and tools falling ...etc. Indeed when the scaffold is erected, they must agree to 'double net' it so that you can have a degree of privacy and your children won't be at risk of tools falling.

              Basically, they will eventually get the permission they seek. Though I seriously doubt that you would be at risk of costs against you if you raise objections to it. Summertime is after all the time we like to use our gardens most.

              If it was me.....I would probably offer a figure a bit higher than they are offering....say 600, get them to double net it and get it over with as soon as possible. Best of luck.

              By the way, I have a solicitor friend I can ask about this on Monday to see if he has any further recommendations.
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

              I am proud to have co-founded LegalBeagles in 2007

              Comment


              • #8
                Re: Access to neighbouring land act

                Thankyou so much, our garden is tiny 3m x 4m as we have an extension so I would not really like my 1 and half year old and six year old out there regardless of what safety measures there are all we want is compensation as we wont use our garden so I can take the kids out etc.

                The 400 they are onn about is for their gutter leaking onto our lawn and destroying a quarter of it not compensation for the inconvience, they just want to put some turf on the damaged bits which means we will have to replace the rest at our cost.
                Last edited by adamski; 14th June 2008, 13:12:PM.

                Comment


                • #9
                  Re: Access to neighbouring land act

                  we asked for dates of work start and finish time what materials how many builders would come on our land times etc etc

                  We had a meeting with the builders and asked for all this and they went back to charity
                  I would write to them pointing out the above and that you have had no reply and that their client has refused to give written assurances on these points. That you welcome their application to the court, since at the present moment, this seems to be the only way of achieving this and given their clients refusal to give these asurances, it is doubtful whether a court would award costs

                  Comment


                  • #10
                    Re: Access to neighbouring land act

                    We have had a builders letter all it says is that work will commence on day 1 and subject to no rain it would last for no more than 14 working days, it also states that the scaffolding would rest on two towers located at either end of the row of terrace houses there are 4.
                    There will be no restriction to our access
                    Al precautions will be taken to ensure that no tiles or roofing matrials could fall in our garden and they will errect privacy screens above wroking level.
                    No dates, that to us is not enough information

                    Our garden space is 15ft by 13ft
                    Last edited by adamski; 14th June 2008, 14:15:PM.

                    Comment


                    • #11
                      Re: Access to neighbouring land act re: scaffolding

                      Thread moved to the Property Forum

                      and Welcome to the Forum Adamski

                      PKea

                      Comment


                      • #12
                        Re: Access to neighbouring land act re: scaffolding

                        Anyone else have any advice on this please

                        Comment


                        • #13
                          Re: Access to neighbouring land act re: scaffolding

                          it
                          also states that the scaffolding would rest on two towers located at either end of the row of terrace houses there are 4.
                          Do I take it this affects your neighbours too? What's their reaction, have they agreed to allow access?

                          The most important thing is to list things you require them to adhere to:
                          Start and finish dates, netting and privacy screens, prior notice of anyone accessing your land, hours of work, no work at weekends etc

                          Comment


                          • #14
                            Re: Access to neighbouring land act re: scaffolding

                            I can see the problem ( I can't help tho sorry) I had the council do some work on my neighbours house which involved replacing their roof. They had no safety netting, it was summer and the one time i was brave enough to sit out side as I didnt like to go out with a bunch of workmen look down on me one of them dropped a long wooden stick which luckily landed on the parasol under which I was sitting. Its annoying, ruins the use of your garden for the time, and no I wouldnt let the kids play out while they were working either. So I completely understand and think you should carry on as Micheal has suggested and ensure the hours will be limited and the safety and privacy screens are adequate. Oh yes and as someone else suggested have a word with the other neighbours see what they think/are doing etc. Not stirring anything up just see if they have similar issues if you could join together to ensure correct precautions and consideration are offered by the charity. (which I think is a pretty low blow and going for the guilt complex bit on their letter)
                            Common Sense .... if in doubt, use it !

                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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                            Comment


                            • #15
                              Re: Access to neighbouring land act re: scaffolding

                              I would be tempted to get in a clause for compensation if their works run over the agreed timescale,
                              as I am damn sure that's they will have in place against their contractors/builders

                              hers the Act Anyway, best have a read see what there is we can advise
                              Access to Neighbouring Land Act 1992 (c. 23)

                              An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.

                              Comment

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