Access to neighbouring land act re: scaffolding

[Paule]

Re: Access to neighbouring land act re: scaffolding

I would give you council planning dept a call and ask what they have in place for the scaffold as it intrudes in your privacy.
They may have had to put privacy screens up in the planning application , but just havent bothered to actually do it

[adamski]

Re: Access to neighbouring land act re: scaffolding

Hi All
Well I think the solcitors letter was a complete bluff, as the builder has just rang me and wants a meeting in the morning, of course i agreed and arranged for myself and all the neighbours to be present, so as to be seen to be co-operating and to be seen to be being reasonable.

Will let you know the outcome, but any advice at all greatfully received

[scoobydoo]

Re: Access to neighbouring land act re: scaffolding

Well done you for standing up for yourself -as the letter you received seemed quite threatening. I think your letter was great.

Opposite us our neighbours have just knocked down a single garage with flat roof and built a triple one with a pitched roof that looks like a mini house . And without planning permision in a greenbelt area. It is so hard as we have always got on with them but they did not even tell us what they were thinking of doing.

Planning and neighbours - it all causes so much hassle !

[adamski]

Re: Access to neighbouring land act re: scaffolding

Ok
Just had a kind of productive meeting with the builder, he is going to give us the terms i.e what they intend to how they intend to do it etc, but the charity refuse any kind of compensation at all.

So we are deadlocked the neighbours and us are having a get together about our next move.

Any more advice or help would be greatfully received.

[Amethyst]

Re: Access to neighbouring land act re: scaffolding

Well now you have the scaffolding not on your land and just have the privacy and safety issues ? Has the builder discussed the screening/hours etc bit with you ?

[adamski]

Re: Access to neighbouring land act re: scaffolding

Yes he has but not the compensation for not being able to use our land for 3 to 4 weeks, do you think we should just give in honest opinions really appreciated as we do not know what to do there is a lot of history here though.

I am due in court soon because one of their residents chucked paint all over my car they were caught on CCTV but the person involved denys it and the Jockey Club , Racing Welfare are backing them up, and thats just the tip of the iceburg do you thin we are being unreasonable?

[Celestine]

Re: Access to neighbouring land act re: scaffolding

Well now you have the scaffolding not on your land and just have the privacy and safety issues ? Has the builder discussed the screening/hours etc bit with you ?

As I understand it, Adamski is still going to have the scaffold in/above his garden, it sounds to me as if the scaffold he is referring to has been erected at the sides of the neighbouring property but is still very intrusive in terms of his windows being over looked.

I've just received an email from my solicitor friend. Adamski already knows that my friend did not think he is at risk of costs through trying to negotiate fair compensation, privacy and access terms.
On the matter of compensation, he wrote:

I have now checked Access to Neighbouring Land Act 1992. There is provision for
compensation for SUBSTANTIAL loss of privacy and SUBSTANTIAL inconvenience.
Your friends would therefore have to prove that they were substantially
inconvenienced or substantially lost privacy.

In addition, and quite apart from any inconvenience, loss of privacy, there is
also provision for compensation for the privilege of being allowed to enter your
friends' land. But, that is specifically excluded where the other land is used
for "residential" purposes.
Hope this is of some help.
Regards,
Martin .

I think you can safely argue that the intrusion would be substantial due to the size and layout of your garden. That on top of the close proximity to noise, dust, danger and the fact the work is being performed at the height of summer should stand you on solid ground for arguing your case. It would be worth finding out if the commercial charity element to this development could render it non residential in any way??

How did the builders meeting go?

Kate

[adamski]

Re: Access to neighbouring land act re: scaffolding

Hi Kate
Thanks so much for your help.
The builders meeting was very non productive, both my neighbours were very upset, the builder was trying to get the job done basically, we have asked for a schedule and list of what they are going to do, and we have said we do not want the walls cleaned or a path laid, we want compensation.

We have been told by the builder that it is against THE CHARITYS OWN policy not to make payments of this kind so they will not make a payment to us under any circumstances,.

sorry but that statement was like a red rag to a bull, the builder kept trying to get us to say we wanted to be taken to court but we were all clear that was not what we wanted, we wanted a schedule and, time logistics, and compensation which a judge would award us under the neighbouring land act regardless of whether they were a charity or not they are developers pure and simple, as we all learned to day well the builder admitted that the scaffolding would be over our neigbours gardens, not just mine so we are more together now than ever and with good advice from here and other places we are prepared to go to court, stuff them none of us can afford the costs but then neither can they.

May get in touch with our MP next week.

Keep any who are interested updated big thanks Celestine you are a star thanks so much.

[Paule]

Re: Access to neighbouring land act re: scaffolding

A quick thought

The builders will have the contract to build and they will have to bear all assicited costs within that, ie paying you the comoensation, so they are fobbing you off with the charity wont pay, as it would be down to them

when my company does projects it is us that bear costs of ancillary works, permits, passes etc as they are deemed to be included within the contract.

Just a thought, do you know the name of the contractor,

[Celestine]

Re: Access to neighbouring land act re: scaffolding

The fact that they keep stressing the CHARITY angle is meaningless. The legislation that applies in such circumstances, applies to all organisations and individuals.
Charities have paid staff and make profits. They are a business and pretty much the only crucial difference is taxation.
If they want to develop properties to rent to ex jockeys, they must factor into their financial schedule the true cost of performing those projects. They will pay planning fees, building control fees, architects fees, builders costs....they will receive no discount because they are a charity. So why should neighbours not receive fair fees due to them for the huge inconvenience this work will cause?

Keep up the written correspondence. Stress highly the fact that you are not refusing permission, that you fully intend to permit access subject to the correct level of compensation being decided promptly. As I said before, you and your neighbours should try and decide on an amount and offer that in writing.

All that you have done so far puts you in a very strong position should this go to court. (Somehow I doubt that! Esp if it will cost them more than the amount you offer! )

Good luck.

ps. martin has offered to advise gratis as the situation develops.

[adamski]

Re: Access to neighbouring land act re: scaffolding

Hi All
Good News

I got two letters one from the contractor/Builder and one from the solicitors, here is the solicitors letter

Thank you for your letter of 16th June. Work to the roof cannot be carried out unless high level access is provided for the builders/roofers. As you are aware the work should take no longer than 14 day. This is not a question of compensation being paid to you. You will be able to gain access to yuour garden as before and will benefit from an improved path at the end of the work. The guttering and the water falling off the roff of ******* House cannot be fixed unless high level access is obtained.

There is little merit in debating the previous history and we must now look forward. We will ask ******* ******* of ******** Builders Ltd to arrange to meet you on site again to explain the siting of the scaffolding whereupon we will have to ask you to either consent or not as a matter of urgency as the building timetable is now being affected.

Yours Faithfully
non descript sqiggle

But we had already had the meeting with the contractor, what do they mean not a question of compensation, have they read the neighbouring land act, have they been to our house and garden as we offered to see. no

They were the ones who started the debate on previous history.

I can honestly say that I am so glad that I am not paying them £197 per hour( we know someone who works for them) for this absolute load of nonsense, what a difference from the first letter no threats, no court action methinks their backs are against the wall.

Well on to the good news, well at the same time as recieving the non descript letter form teh solcitors we got a lletter form the contractor and PKea post 39 is so very correct, they have given us a full timescale, terms of work the whole lot, and................. offered us £375 each neighbour and a diagram of the scaffolding, all we need.

We have decided to accept and we will phone the builder and compose a letter today when I have had some sleep (night shift).

What do you all think, should we accept or be greedy and try for more?

The funny thing is that I think that the charity will give the contractors the money but they are just paying it through the contractors how ridculous is that if they had agreed all this 3 weeks ago none of this stress and anxiety would have happened.

Thanks again for all your help you have all been great
------------------------------- merged -------------------------------
Me and my wife feel very confident in our knowledge of this act so we are willing to advise anyone who has a similar problem.

[enaid]

Re: Access to neighbouring land act re: scaffolding

My opinion, no don't be greedy, you have got what I personally think is a good outcome to this matter.
As long as everything is in writing and they stick to what is agreed, I think all will be fine.

" Me and my wife feel very confident in our knowledge of this act so we are willing to advise anyone who has a similar problem."
This is also a plus IMO and this kind of info is always needed and very useful. Enaid x

[Amethyst]

Re: Access to neighbouring land act re: scaffolding

Thats great news. Well done to you and your neighbours.

If you are all happy with the information you have finally been given and the compensation offered then i would accept.

I hope the work is carried out as outlined and there is as little disruption to you and your summer as possible x

Thank you for your offer - hope this means you will be staying around

[Tempty]

Re: Access to neighbouring land act re: scaffolding

I agree, I would accept the offer made and consider it a well deserved win for you and your neighbors
well done for standing your ground and not getting brow beaten into submission, I too hope the work goes as planned with as little disruption as possible.

I would also like to thank you for your offer and look forward to seeing you around the forums xx

[Celestine]

Re: Access to neighbouring land act re: scaffolding

Even though the scaffold will not physically touch the ground of your garden, it is still trespassing on the air space above it.
When a neighbour builds an extension and ends up with a gutter or a roof corner overhanging their neighbours land (happens frequently!) a legal agreement must be drawn between the neighbours to provide an easement to formally recognise the 'trespass' of an item into another persons land and to prevent 'accidental' transfer of land rights.....even in the air above your land. (I assume to the height of the building). So once again their argument is deeply flawed.

However...I'm being pedantic! Its a decent offer and it would probably not be worth the hassle of pushing for more.

Well done to you for holding your nerve and standing your ground (or airspace!)