Neighbours scaffolding on my property for 1 year plus

[RedRuby]

Good morning,

Our next door neighbours had scaffolding erected at the front of their property over a year ago in order to carry out maintenance work to their house. The maintenance work was carried out last year by one of the home owners but the scaffolding still remains.

I was not asked for permission or spoken to at all before or during or since the scaffolding was put up by either my neighbours or the scaffolders themselves.

The scaffolders erected part of the scaffolding on a shared boundary wall which borders my garden and my neighbours. As it has been there for so long the scaffold on top of the wall has started to move off it. Poles and boards are overhanging onto my property and are so close to my upstairs bedroom window that I can reach out and touch them.

I have asked my neighbour when the scaffolding will be taken down and have not received a response.

I believe I may now be in a situation where I have no choice other than to start down the legal route to have this scaffold taken down but I do not know where to begin.

Any advice would be gratefully received.

Many thanks

[des8]

Was a party wall agreement in place for the scaffolding?


The starting point is always a conversation with your neighbours (or a letter if you aren't on speaking terms)

Point out politely that the scaffolding is now beginning to move and that they could be liable if any damage to your property or injury to a person should occur.
Ask them to arrange for the scaffolding to be removed within e.g.14 days as it is overhanging your property. (i.e trespassing)

If you know who the scaffolders are, you could write to them in a similar vein.

You could also report it as a dangerous structure to your council

[RedRuby]

Thank you Des8.

No party wall agreement was put in place for the scaffolding. I was not spoken to at all but I didn’t have any issue with them putting up scaffold as we all need to do work on our properties from time to time. It is because it is now moving and has been left up for an unreasonable length of time and that they are not responding to me that I realise I am in choppy waters.

Do I need the help of a solicitor to write this letter or is it something I can do myself? If they do not comply within the timeframe, do I need to get a solicitor at this point or do I need one before that?

Thanks again, I’ve never had to do something like this before with a neighbour so I am very much a novice.

[des8]

There is no need to have a solicitor involved.

Doing so may only make being neighbours more difficult

I would try talking to them again and approach the scaffolders and the council before writing, but if all fails then apply for a court order to have the scaffolding removed (but that should be your last resort)

[RedRuby]

Thank you Des8.

I continue to talk to them but they have stopped responding to me.

I really am on the legal route now, all communication has broken down.

[RedRuby]

I would like to add that I am guilty of being too lenient because I had thought other people were like me.

It has been quite the wake up call and now I really am in a situation I hadn’t dreamt of.

There are multiple problems with this particular set of neighbours. It is only them. All other neighbours I get on very well with, sadly these ones who I used to get on well with have made my life very miserable. I’ve not complained before in 20+ years but now I have their scaffolding on my property for over a year and it is no longer safe and they appear to think I should be ok with poles and boards almost at my window.

I am not willing to go on and be treated so badly.

[des8]

Ok then, but I would suggest as the scaffolding has started to move you first report it as a dangerous structure to your local council and see what action (if any) they take. (https://www.gov.uk/report-dangerous-building-structure)

If you are determined to apply for a court injunction you should write to your neighbour setting out the detail of your complaint and what they need to do to resolve it within e.g. 14 days. Advise that if your complaint remains unresolved you will apply for a court injunction for the trespass to cease, and an order that they pay your court costs.
The court will expect to see evidence of attempts to avoid litigation, so send the letter (keep a copy) first class with a free certificate of posting from the post office

[RedRuby]

Thank you Des8.

I will write the letter today and have it delivered to them via signed for/recorded delivery.

If no action is taken I will report to the council.

Many thanks again.

[RedRuby]

Update

The neighbour wrote a text to me today.

They say there is more work to do on their property using said scaffold and it will be removed when the work is done in about two weeks time. The scaffold has been out of use for 9 months. No-one has gone up there and done any works in that time.

I have cited that because the structure is unsafe that its removal must be immediate. The neighbour has refused.

I have contacted the council and reported it as a dangerous structure.

Do I need to write the letter now or should I wait until I hear from the council?

Many thanks

[PallasAthena]

Does the neighbour mean the work will be finished in about two weeks time or start in about two weeks time? If the latter how long is it scheduled to take?

I'd wait for a visit from the council before I did anything more. Presumably they will have to come and inspect on site before deciding whether it is dangerous.

[RedRuby]

The neighbour means the work to be carried out is over the next two weeks, not that the scaffold will be removed within two weeks.

[RedRuby]

Update 2

The council have responded and said their enforcement powers are limited to scaffolding on the public highway, that they have no enforcement powers over scaffolding on private land and have advised I seek my own legal advice.

[des8]

So write that letter to the neighbour, either now or in two weeks if that scaffolding hasn't gone!

From what you say it appears that the scaffolding is moving and that it overhangs your property and is therefore causing a trespass.
I wouldn't depend on it being removed within two weeks on your neighbour's say so, but if it is ... end of problem.

Do bear in mind it is easy to threaten court, but it could cost.

[RedRuby]

Thank you Des8.

If I had a choice and they were respectful and responsible neighbours, the scaffolding would have been taken down after completed works or shortly after.

The scaffold is on the move. I have evidence of how dangerous it is. It could go at any time and I am trying to prevent that as it will fall into and onto my property due to the position of my property and where the scaffold is.

How much approximately am I looking at in solicitors fees? Just a rough idea would help so I know what to expect.

Many thanks

[des8]

The court fee is £275

If you instruct a solicitor his costs will likely run into thousands, and I should think he will also advise that you obtain a Party Wall injunction as well as order to cease the trespass