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Compensation for using my Airspace

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  • Compensation for using my Airspace

    Hi, I've just been contacted by a builder who is developing on a neighbouring property. They wish to use a 'saddle-type' crane which will oversail my back garden for a period of 40 weeks. They stress that no materials will ever be lifted over my garden. They have offered me compensation for this, but I have no idea what the 'going rate' would be for this type of offer. Can anyone help? Thanks
    Tags: None

  • #2
    It is called "Oversailing" Google it.

    Also ensure that they have suitable insurance in place.
    Last edited by paulajayne; 14th November 2018, 20:19:PM. Reason: spelling

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    • #3
      The fee for the licence to oversail should be based on the benefit that the contractor obtains by not having to use alternative methods of access.

      So how much will it cost him if you do not grant a licence?
      You can't use your position to hold him to ransom, or to charge him 100% of the benefit.

      In other words negotiate

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      • #4
        Originally posted by des8 View Post
        The fee for the licence to oversail should be based on the benefit that the contractor obtains by not having to use alternative methods of access.

        So how much will it cost him if you do not grant a licence?
        You can't use your position to hold him to ransom, or to charge him 100% of the benefit.

        In other words negotiate
        But how do I know what the financial benefit is? They have offered me £4K for 10 months. But what if they are saving £250K at my expense?

        Comment


        • #5
          You'll have to do some investigation!

          Sinclair v Gavaghan [2007] EWHC 2256 (Ch) gives some guidance
          on the matter.
          The court awarded £5000 for 3 to 4 months oversailing, but declined to award a claimed £125000

          On the other hand there are cases where, the landowner, has been granted an injunction to stop the oversailing, but that injunction has then been suspended for the duration of the construction works. And all because the landowner refused to grant a licence in spite of a reasonable fee being offered,

          You will also need to agree the terms and conditions of the licence

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