Overhanging Scaffolding - my rights

[h1llt0p]

Hi All

Hoping for a bit of advice. Long story short, Neighbour is having an extension built, asked for access for scaffolding, we said no and now scaffold has gone up but in such a way that it has platforms overhanging our property / land but no posts on the ground.

The builder has said it’s legal as nothing is below the guttering line but that doesn’t right and can’t find any clarification online.

The backstory for us not allowing access is when some previous work was done we allowed access, they had a falling out with the builder and it sat there for six months and so didn’t want a repeat.

any advice gratefully received.

Thanks

[des8]

The scaffolding is trespass

Tell them to either remove it or come to an agreement.
The agreement will be for payment of an agreed sum for each week the scaffolding is present.
Agree the period of permission with penalties to be paid if the time is exceeded.
The agreement should also contain conditions regarding the times of work (you don't want too early a daily start or too late a finish), and control of dust & debris)

Warn them if no agreement is made or the scaffolding is not removed forthwith you will apply for a court injunction that it be removed.
The application will include a request for costs.


HOWEVER
there is the Access to neighbouring Land Act 1992 which would enable your neighour to obtain an access order to your land for essential work to maintain their property.(this would not include an extension tho', but mentioned it in case it came up in conversation. Same applies to the party Wall Act!)

[h1llt0p]

Thank you that is really appreciated. So there is no distinction between it being above or below the guttering line? In the airspace is trespass full stop.

thanks notes, yep an extension (totally new) not existing.

[atticus]

This does appear to be a trespass. There is a limit, however: you cannot sue BA for that 747 overhead!

As to the Access to Neighbouring Land Act, an order will normally be subject to conditions, such as payment of a suitable fee, making good damage etc.

[h1llt0p]

Thanks Atticus, that makes. It’s about c.2.5m from ground level to c.7m above ground level

[Ukmicky]

Also access to neighbouring lands Act can’t be used for new development, it’s there to allow essential maintenance. Sorry that point had been mentioned.

[dslippy]

It is a trespass, but also a minimal one. Always, always, it is best to find some positive way forward.
Neighbour disputes always cost huge amounts to solve a tenpenny problem. Do not think that it is guisranteed that you would walak out with your costs.

[Huxie]

Ignore BARTMIXON and FATELOG, they’re spammers and have been reported.