Builders coming on to my property

[Exclus]

My neighbour wants to demolish his existing house and build a new one. The existing building runs along the dividing line of our properties, in fact it touches our fence. There is then my driveway and my house runs parrellel to my neighbours.

When he comes to actually demolishing and re-building what rights do I have to prevent any builders coming onto my property to carry out this work? It will be difficult to do this work without encroaching on to my property.

As the new build will be higher, and therefore needing scaffolding, can I refuse to let any of this scaffolding be erected on my driveway?

Any advice will be greatly appreciated.

[wales01man]

Re: Builders coming on to my property

Why do you want to stop them if they indemnify you against any damage whats the problem?

[Kati]

Re: Builders coming on to my property

You have a right to refuse him access to your property and to erect scaffolding. He may quote the Access to Neighbouring Land Act - but that only applies to maintaining an existing property - not construction of a new one. If you do deny them access, however, you may end up with a very unsightly finish on 'your' side of the wall.

I cannot see why you would want to do this though. Do you have an ongoing dispute with this neighbour?? Do you not want the new build to happen??

[des8]

Re: Builders coming on to my property

There are two statutes that aid developers, but only in narrow circumstances, namely:

1. when access is required in conjunction with specific building works to which the Party Wall etc Act 1996 relates, and
2. when access is required to enable the execution of works that are essentially repairing and maintaining in nature. (Access to Neighbouring Land Act 1992.)

Essentially the neighbour will not be able to work off your land without your permission.

For the avoidance of problems and disputes, if you are agreeable to allowing access to your land it would probably be in the interests of both parties to have a properly drawn up "access Agreement"

I am guessing from the tone of your post that there is already tension between you and your neighbour.
If this is so you may wish to pre-empt any attempt by your neighbour's contractors to encroach on your property, by having a solicitor write to the neighbour instructing them they have no permission to enter your property. This will leave them in no doubt.

I assume your are in England or Wales.

[wales01man]

Re: Builders coming on to my property

The Builder can build the external wall from inside the new building laying the Bricks overhand its not hard to do but can leave a rather unsightly wall for the OP to see .If they wish to stop the Builder entering their land they should try for an injunction which if granted will stop it seems a bit harsh all in all this must be a feud that goes back.

As an retired Builder I have worked on houses where neighbours have objected to work being done it has not stopped in and some even spent all day watching the work.

[Exclus]

Re: Builders coming on to my property

Thanks to all that have replied so promptly.
No feud, but I can see a situation occuring as the build goes on that my property will be encroached on more and more, and I just wanted to know just what my rights were to say enough is enough.
Perhaps, as des8 says, an access agreement would be a good idea.

[enquirer]

Re: Builders coming on to my property

Advice as per des8. In my experience, what starts as an access issue invariably turns into a great deal more (mess, damage, etcetera). Getting this formalised before any work begins would be a wise move.

...as the build goes on that my property will be encroached on more and more ...

This is certainly something to watch out for - walls have a habit of creeping over the boundary, often quite significantly. It would be advisable to ensure that you are supplied with copies of the plans and take copious photographs before work begins.

[wales01man]

Re: Builders coming on to my property

Make some agreement with them setting out what you expect of them Access times clearing up and putting right any damage ETC. Will give hopefully you peace of mind and them a few simple rules to follow.

[seduraed]

Re: Builders coming on to my property

Get a cop of the deeds and have them to hand when the agreement is drawn up . Also measure accurately where the boundary is and put post up so that the side away from your land is on the boundary and then string a wire alongthe posts so that the boundary is clearly identified at all points .

[geoffrey]

Re: Builders coming on to my property

Try to work out a peaceful solution if you can as having nice friendly neighbours is like having a pot of gold. Is it possible that you may one day want to go on his land to repair a wall or roof or gutter or whatever? We have a very long and complicated boundary wall and hedge situation several hundred metres long. Ownership of the various lengths can easily be identified from the plans but we never consult them as we do things together or for each other.

[Johnboy007]

Re: Builders coming on to my property

A formal contract would be a good idea.
A neighbour of mine had a problem in similar circumstances, and ended up with soil pipes and waste pipes encroaching over her property at low level.
Also put a monetary clause for compensation in the event that they run over the estimated time.

[des8]

Re: Builders coming on to my property

A combination of friendly approach and access agreement for both parties' mutual benefit for the avoidance of feuds?

[Johnboy007]

Re: Builders coming on to my property

Nothing wrong with a good old f(r)eud
Sir Clement Raphael Freud (24 April 1924 – 15 April 2009):tinysmile_twink_t2:

[des8]

Re: Builders coming on to my property

See you're working hard Jb for the 1500 mark

[pt2537]

Re: Builders coming on to my property

just a point but if they erect scaffold over your air space then this too can give rise to the tort of trespass and can be actionable as such.