Compensation for using my Airspace

[Dankai26]

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

[paulajayne]

It is called "Oversailing" Google it.

Also ensure that they have suitable insurance in place.

[des8]

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

[Dankai26]

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?

[des8]

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