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Scaffolding

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  • Scaffolding

    Our neighbours are rebuilding their house. We are both detached properties. During the winds a few months ago their fence between our properties came down. They assured me they would fix this but instead put up their scaffolding which is now on our land and they are using our house as support. No discussion prior to this. If the fence was fixed this would not be an option. What are our legal rights please?*
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  • #2
    First option is to discuss the matter with your neighbours.
    Try not to come over all legal as even if you go down that path and win you will still be neighbours and have to live next door to them.

    If they have erected scaffolding on your property without permission they are trespassing.
    An injunction could be obtained to stop the trespass.
    Damages for the trespass could be awarded by the court. Such damages are calculated in terms of loss to the claimant; the benefit gained by the trespasser in using the land and what sum you would have agreed for the right to use the land if permission had been sought.

    But honestly, you are well advised to approach your neighbour with the intent to sort the matter amicably over a cuppa* (or something stronger if you
    prefer)

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