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New build scaffolding on our land

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  • New build scaffolding on our land

    Hi, our neighbour is building a new build house in their garden (they have planning permission) , and in the process have blocked access to the path to our back garden (the path is ours, on our title deeds, not just a right of way).
    This is because the wall of their new build adjoins said path.
    They have now put up scaffolding onto our path, blocking any possibility of accessing our back garden for removal of garden waste etc.
    All of this is with no consultation or permission from us, or the tenant who currently occupies our house.
    The neighbour doesn't live next door, as they rent their existing house out. So we have no real means of communicating except phone ...and they are not answering calls, when we originally spoke they just dismissed that it was an issue.
    The building work has now stalled for months, just to make matters drag on more. My tenant is being very patient, but is wondering how long this will go on and as I understand it I have no real options of support from any authorities as its a civil matter.
    A court order to remove scaffolding is I assume the only Legal option, but this seems really unfortunate and over the top??

    Thiughts appreciated.
    Tags: None

  • #2
    Besides applying for a court injunction to remove the scaffolding,and prevent the continuing trespass you could issue a claim for the hypothetical value of the benefit received by him by trespassing
    Perhaps a written warning first giving him 7 days to sort it

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    • #3
      Call a firm in to dismantle it and stack the bits next door?

      Comment

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