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Neighbour wants to erect scaffolding on our property

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  • Neighbour wants to erect scaffolding on our property

    We live next to a semi derelict building (England) which was acquired by developers approximately 12-18 months ago. Building work has been very slow with weeks, sometimes months, of inaction (despite local restrictions being relaxed) followed by a couple of weeks of frenzied demolition/construction 8-5pm, Monday-Saturday with no consideration given to ourselves (ie; noise, rubbish blowing off the building site into our garden, eyesore) - we have been very tolerant so far.

    We have now been informed that the contractors require access to our property to erect scaffolding across our garden and side access. This is to perform an "urgent roofing survey" and potentially make safe what they presume* is a dangerous/unstable roof. Ironically the contractors continue to perform interior and exterior work on parts of the property, and have done so for months (despite this impending "danger").

    We have been informed in writing from the owner that scaffolding will need to be in place for up to 6 weeks (up to a height of 2-3 storeys), complete with boarding underneath and safety netting. Work will be carried out 8-5 Monday to Friday and the contractors will "make good" on any dirt/debris/damage.

    We have a small courtyard garden so the disruption is likely to be fairly significant (ie; scaffolding extending 1-2m into our garden and to a height of about 5m) with loss of light, privacy and enjoyment (and thus interfere with house sale-ability).

    Unfortunately this couldn't have come at a more inconvenient time - we have a 5 month old baby and were in the process of trying to sell our house!

    ---

    Does 6 weeks sound excessive to survey and re-roof an old property? *aware not the best place to ask*

    Can we request that they formally survey the roof first, and attempt access from one or other of the 3 other sides because of the disruption we will experience?

    Can we request compensation because of the length of works and the disruption to our property?

    Could we request a formal "penalty clause" (eg; enhanced compensation) should works over-run to ensure that it is performed in a timely manner?

    ---

    We have resigned ourselves to the fact that selling our house now is likely to be more challenging, but any advice on how to minimise this disruption (and stress), and protect ourselves would be very much appreciated.

    Thank you for your help.




    *Based upon a visual inspection of an adjoining building of a similar age/construction also under their ownership.
    Tags: None

  • #2

    To save me a lot of typing suggest you first read this
    ( article http://www.clarkslegal.com/Blog/Post...to_my_property ) and then decide whether or not to negotiate with the developers, or refuse access and see them in court !

    Comment


    • #3
      Originally posted by des8 View Post

      To save me a lot of typing suggest you first read this
      ( article http://www.clarkslegal.com/Blog/Post...to_my_property ) and then decide whether or not to negotiate with the developers, or refuse access and see them in court !
      I am aware of the Access to Neighbouring Land Act 1992 (and have already read the article in your link) and I was aware that it would probably be more favourable to strike a compromise than get solicitors (and the courts) involved.

      What we were looking for was:
      • Advice on the negotiation process and how to minimise disruption
      • Where we stand with regards to charging "rent"/compensation for the use our garden and side access
      • How to protect ourselves should work over-run (eg; implementing a "penalty clause")

      Comment


      • #4
        Well in that case I would write to the developer noting the request to place scaffolding on your land.

        Firstly ask (unless the answer is obvious) why they can't access from some other elevation, as the disruption to your lives will be excessive.

        If (as expected) the answer is negative then:
        Don't refuse access, but inform them from the outset that if they need access it will only be on the basis of a written contract.
        The contract will need to specify the works to be carried out
        You will require restricted times of access
        You will need good housekeeping from them (and you could mention the problems you have already experienced with rubbish from their site etc)
        The contract will be time limited,
        Compensation will be required

        with penalty clauses if any of the terms of the contract are breached

        Keep it all in writing.
        If there are face to face/telephone discussions confirm them in writing

        Good luck

        Comment

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