Query re: scaffolding issue

[Vstar1066]

My neighbour is currently having work done and had scaffolders come in, I returned from work on Monday afternoon to find they'd disconnected my guttering to make room for their scaffolding (without my permission) and when I called the company to complain, the gentleman couldn't care less and even had the nerve to say it wasn't them. Not only that, but they haven't even offered to sort it out and said that the company replacing the fascias could do it. What can I do?

[R0b]

Re: Query re: scaffolding issue

If they have erected scaffolding without your permission then you could have a claim for trespass. You should immediately put the owner who is having the works carried out on notice in writing stating that you have not given permission to do so and they have failed to notify you. However the owner may have a right to do so if its covered in your transfer or lease when you purchased the property so be sure to check that.

Normally you would give some kind of licence for the neighbour to have access to your land and be compensated as a result.

If you refuse the owner could apply to the court under the Access to Neighbouring Land Act in which the court grant an order where the works in question are for building repairs rather than extension of the house.

However
If your house is adjoining your neighbours then the Party Wall Act may also apply which is a framework for preventing and resolving disputes with neighbouring buildings.

There are certain obligations of the neighbour to give notice to you and ask for consent, if you refuse to allow access then the next step would be to appoint what is known as a party wall surveyor who comes out and makes an "award". The meaning of award in this instance is essentially an agreement which sets out what the neighbour can and cannot do and also sets out the compensation you are entitled to as a result of the works.

It sounds like your neighbour has failed to give you notice and as for your consent which means that they cannot have protection under the Party Wall Act as he or she has failed to give notice. So if they have caused any damage as a result then this is actionable through the courts for compensation. As they will also be in breach of a statutory duty to give notice then you will also be entitled to claim compensation on that basis. Alternatively you could go to court and obtain an injunction which would prevent the neighbour from carrying out the works however it might not apply in this situation where compensation is an appropriate remedy.

That is it in a nutshell and your options essentially are to make an application to the court applying for either an injunction or compensation for trespass and/or private nuisance if damage has been caused. You might be best seeking advice from a solicitor as although this might sound relatively straight forward, it can be complex.

You could also try to rectify this with the neighbour and coming to some sort of agreement, put in writing or appointing a party wall surveyor.

[wales01man]

Re: Query re: scaffolding issue

How long is the scaffolding up for ? is it really interfering with your access or anything else or is it just the fact its there without your permission?

To be honest if you take any action it may cost money and be hassle the effects of a neighbour dispute can sometimes drag on for years and can cause problems with selling the property if its known there has been trouble with the neighbour.

The choice is yours but look at the whole picture if its for a short time does it really matter