Tweet
Neighbour has sent solicitor's letter. Unless I agree to paying them £450 pw for a scaffolding license [and pay for license to be drawn up by solicitor and other associated fees] they will issue a court injunction to remove our scaffolding.
The back story [on another thread] is:
-Neighbours objected to our planning application but their ridiculous claims were ignored and planning permission granted.
-Obviously peeved they have sought to disrupt our build by dragging out the PWA process and although their surveyor knew we needed scaffolding to attend to damp in our second floor which would require scaffolding in the alleyway between our properties [they own the land - we have Right of Way - which means we have access to it - it's not gated or anything] and he told us it would be in the award - when it was delivered - scaffolding not included.
-Complained to PW surveyor - who told us it was outwit the PWA and told us to speak to the AOs
-AOs said we couldn't put up scaffolding even though they knew about the damp issue back in November and we mentioned we had right to access neighbour's property to effect repairs under Access to Neighbouring Land Act 1992.
-We interpreted ATNLA to mean we could go on without their permission BUT if we needed to be granted access [which we considered we didn't as it wasn't their back garden or anything] we would have to get a court order.
-As access to alleyway was available and we could wait no longer and had arranged for the scaffolding to go on to the rear on our land where we are doing our work and on the alleyway to reach the damp on our flank wall - obviously we had arranged for the scaffolding to cover both situations at the same time - which is perfectly reasonable. Scaffolding had been arranged to go up after we had received the award which meant we could continue works.
-They have sent solicitor's letter saying we have to pay the £450p.w [which seems excessive!] and pay all their legal costs.
-We maintain that if the AOs wanted a formal license they should have asked for this in November but they didn't
-That the PW surveyor has been negligent by not including the scaffolding as he told us he would [understand that PW surveyors often deal with associated PWA issues such as this for the sake of completeness - that he didn't we feel is his collusion with AO to force us into more expense and delays]
So the question is - if they take out a court injunction - how long does it take? And does that mean we would have to stop work on the damp in the alleyway - pending the court case? If that happened we would obviously continue the work in the rear but we really want the damp situation to be resolved. I have heard that a court injunction can be taken out quickly but then the case has to go to court which takes time, during which the works will have been completed and scaffolding removed. Their solicitors say that even if that is the case I would still be liable for all costs.
I would have to represent myself in court as we don't have the money for solicitor's fees. Would the judge deem them unreasonable given the inconvenience is minor [I would say not at all] and would the judge take into account their previous behaviour seeking to delay matters and rejecting our PW surveyor in favour of their own some 200 miles away - all in order to add to my expense, mileage etc?
And if they take out a court injunction - could we counteract this by a retrospective application for access under the ATNLA and would this counteract their action?
This is all very messy and unnecessary - only the solicitors will win and the amount of bad feeling this has generated is unbelievable. I don't see what they are getting out of this.
Sorry this is so long but am at wits end....all this because we got planning permission and they have obviously been harbouring this resentment. Bit rich given they already have an extension - so don't know why they have objected to our works!!! Wouldn't mind but we didn't rub their nose in it when the council rejected their ludicrous claims, just carried on. Totally out of proportion. All our other neighbours are lovely!
Thanks to anyone who can advise.
The back story [on another thread] is:
-Neighbours objected to our planning application but their ridiculous claims were ignored and planning permission granted.
-Obviously peeved they have sought to disrupt our build by dragging out the PWA process and although their surveyor knew we needed scaffolding to attend to damp in our second floor which would require scaffolding in the alleyway between our properties [they own the land - we have Right of Way - which means we have access to it - it's not gated or anything] and he told us it would be in the award - when it was delivered - scaffolding not included.
-Complained to PW surveyor - who told us it was outwit the PWA and told us to speak to the AOs
-AOs said we couldn't put up scaffolding even though they knew about the damp issue back in November and we mentioned we had right to access neighbour's property to effect repairs under Access to Neighbouring Land Act 1992.
-We interpreted ATNLA to mean we could go on without their permission BUT if we needed to be granted access [which we considered we didn't as it wasn't their back garden or anything] we would have to get a court order.
-As access to alleyway was available and we could wait no longer and had arranged for the scaffolding to go on to the rear on our land where we are doing our work and on the alleyway to reach the damp on our flank wall - obviously we had arranged for the scaffolding to cover both situations at the same time - which is perfectly reasonable. Scaffolding had been arranged to go up after we had received the award which meant we could continue works.
-They have sent solicitor's letter saying we have to pay the £450p.w [which seems excessive!] and pay all their legal costs.
-We maintain that if the AOs wanted a formal license they should have asked for this in November but they didn't
-That the PW surveyor has been negligent by not including the scaffolding as he told us he would [understand that PW surveyors often deal with associated PWA issues such as this for the sake of completeness - that he didn't we feel is his collusion with AO to force us into more expense and delays]
So the question is - if they take out a court injunction - how long does it take? And does that mean we would have to stop work on the damp in the alleyway - pending the court case? If that happened we would obviously continue the work in the rear but we really want the damp situation to be resolved. I have heard that a court injunction can be taken out quickly but then the case has to go to court which takes time, during which the works will have been completed and scaffolding removed. Their solicitors say that even if that is the case I would still be liable for all costs.
I would have to represent myself in court as we don't have the money for solicitor's fees. Would the judge deem them unreasonable given the inconvenience is minor [I would say not at all] and would the judge take into account their previous behaviour seeking to delay matters and rejecting our PW surveyor in favour of their own some 200 miles away - all in order to add to my expense, mileage etc?
And if they take out a court injunction - could we counteract this by a retrospective application for access under the ATNLA and would this counteract their action?
This is all very messy and unnecessary - only the solicitors will win and the amount of bad feeling this has generated is unbelievable. I don't see what they are getting out of this.
Sorry this is so long but am at wits end....all this because we got planning permission and they have obviously been harbouring this resentment. Bit rich given they already have an extension - so don't know why they have objected to our works!!! Wouldn't mind but we didn't rub their nose in it when the council rejected their ludicrous claims, just carried on. Totally out of proportion. All our other neighbours are lovely!
Thanks to anyone who can advise.
