Neighbour scaffolding breach of agreement

[MsH]

Hi all,

I was on here back in September to ask advice about my neighbour putting scaffolding on my property. He and I drew up an agreement and it's all written out but he's breached every term so far! I wondered if anyone knew my rights now? He thinks it's amusing and just keeps telling me to take him to court but that's going to be wildly expensive.

The terms he's breached are that he said the party wall he took down would be back up by now but it isn't. He said his builders would only access my property via the scaffolding but every day I have his builders milling about my private garden, sitting around my patio table, spraying each other with my garden hose and they've even erected a ladder to climb over the wall into my garden! I paid £60 to move my sky dish for him but he hasn't reimbursed me as agreed. I now know he has no intention of replacing the garden/plants he's removed for his building work nor put in my patio as compensation (I was having one put in but we agreed he'd do it so he could get on with his building first). He's also putting my guttering over my side of the boundary line as I said he could but surely if he's beached all his terms I have the right to remove that if it goes up?

I'm on my own with a little one and just returned to work after maternity leave - I really feel that he's taken advantage of me so any advice would be gratefully received.

[des8]

Re: Neighbour scaffolding breach of agreement

If your neighbour has broken your agreement he has either breached a contract or trespassed or both!
Any chance you could post up a redacted copy of the agreement?

The costs for a county court claim can be found here: www.gov.uk/make-court-claim-for-money/court-fees
Is it possible you would qualify for fee remission?: form EX160A (found here http://hmctsformfinder.justice.gov.u.../FormFinder.do) gives details.

[MsH]

Re: Neighbour scaffolding breach of agreement

Hi des8 - things have now gone further, I came home yesterday to find he's dug his footings on my property which he hasn't asked permission for. I rang him and told him but he's uninterested and the footings are being poured on Thursday. I've told him to get his scaffolding off my property and that I'll take him to court if he pours his footings on my property but today he's done nothing apart from further mark out his building and clearly still intends to go ahead. Any advice??

[des8]

Re: Neighbour scaffolding breach of agreement

You have warned him verbally (which is sufficient) but I would be inclined to write to him (hand deliver) and "warn him to stay off" your land.
If he then enters your land he is committing a criminal offence (Trespass Act 1980)
If he does this you then call the police, warning them that there might be a breach of the peace if they do not attend and enforce the law.

Your letter could warn him that if he continues you will, without further warning, initiate court proceedings for damages for trespass and private nuisance, and your claim will include a claim for an injunction to prevent the continuing trespass. Your caim will also include a claim for court fees and costs. however this could cost you in excess of £2000 even doing it yourself, although you should get tat back, but t might be a gamble too far!

However you also had a written agreement with him which he has breached.
Depending on the wording of that contract (would you care to post it up suitably redacted) you could warn him that if he continues in breach of that contract you will sue him for simple breach of contract. This, if you keep the claim below £10,000, would be dealt with in small claims track, where your outlay would be a few hundred pounds

If you know who's pouring the footings, you could advise them that if they do, they will be in danger of an action for damage to YOUR property.

[charitynjw]

Re: Neighbour scaffolding breach of agreement

[MENTION=39710]des8[/MENTION]

Could this also be criminal damage?

[des8]

Re: Neighbour scaffolding breach of agreement

very probably, Charity!

[MsH]

Re: Neighbour scaffolding breach of agreement

He's had the footings poured today whilst I was at work - I'm livid!

[charitynjw]

Re: Neighbour scaffolding breach of agreement

He's had the footings poured today whilst I was at work - I'm livid!

Have you contacted the police?

[des8]

Re: Neighbour scaffolding breach of agreement

Did you write that letter to him?
How tight was that written agreement you have with him?

[MsH]

Re: Neighbour scaffolding breach of agreement

I did write the letter to him but despite acknowledging the letter he's now saying I gave him permission verbally. The written agreement I had with him only covers the scaffolding and him making right any damages.

[des8]

Re: Neighbour scaffolding breach of agreement

Just to get this right:
You have an agreement that he may erect scaffolding on your land, in return for which he will sort your patio.
That agreement did not include unnecessary access to your land, use of your garden furniture or equipment (all of which have occurred. Do you have proof?)
He then dug footings for a new wall.
Those footings extend on to your ground.
He claims you gave him verbal permission for this, which you deny.
You spoke to him, and confirmed in writing that he did not have permission to encroach on your property and as such he must discontinue his actions.
In spite of this he continued and had concret footings poured which are ,partly at least, on your land.

If that understanding is correct, the man seems to be a complete bully.
At this stage, if you want it to end, you will probably end up in an expensive court case if he defends an action for trespass.
I don't see other legal ways of stopping this, but others here might have other ideas.
I note others are following this thread, so hold on a little while they get into motion!

[wales01man]

Re: Neighbour scaffolding breach of agreement

The footings concrete extends onto your property correct? is the wall and anything on it facsias gutter on your property taking a vertical line from the known boundary?
IF nothing is overhanging your boundary I would accept the concrete or take expensive and long legal action this guy is A bully by the sounds does he have a record of being bullying or abusive to the others around you.

[MsH]

Re: Neighbour scaffolding breach of agreement

He is planning on putting the guttering on my side - again I have said no but I suspect he'll go ahead anyway. He is an absolute bully and I think you're all right I should just accept the concrete, get a new agreement written up and hope he finishes the work soon and I then have to deal with him only once more as he needs to put up more scaffolding later next year to re-roof another part of his property - I wish I'd said he couldn't have any access from the start and wasn't being such a good neighbour!

[OnOurLand]

Late to this, but I wanted to see how it went?
Sorry you had such a horrible time.
We have a similar situation of scaffolding on our land blocking our access. It's horrible isn't it.

[MsH]

Hi ONOURLAND. I'm afraid it didn't end well, I couldn't afford the expensive legal fees so he won. I lost part of my land to his footings so where I had garden I now have concrete. I didn't allow him permission onto my land to put up guttering (the police ended up getting involved and gave him a warning about trespassing) so now there is no guttering and my garden floods everytime it rains. To be honest even if he had put up guttering he was planning on putting the downpipe onto my garden so it would still have flooded regardless.

I tried the council but they were unless (& corrupt in my opinion). It breaks my heart everytime I walk past what was a lovely part of my garden but I've now saved enough to patio it so it won't be such a concrete/weed filled eyesore.

I truly hope things work out differently for yourselves. If I can offer any advice it would be not to trust whoever it is - they are doing only what's best for themselves and get any agreement signed and witnessed. If you can afford the court fees it goes a long way to help!