Miss

[Guest]

Good Morning,

just looking for a bit of advice really. We bought our property last year in July. A few days before we moved in the next door neighbour erected scaffolding in our garden to remove all the render from their property.

We are now in April 2020 (10 months later) and the scaffolding is still in our garden. It doesn't appear that the render will be replaced any time soon as there are still no windows in the property.*

We really do not want to cause an issue but am I unreasonable to think that 10 months (which will likely extend to a year) of scaffolding in our garden is completely unacceptable?? What to do?

[Law Student 2]

Hi, sorry to hear that.

Have you tried talking to your neighbours and asking them about the time scale of the scaffolding, as in how much longer they expect it to be up?*

The legality and acceptableness of the scaffolding on your property is dependant partially on why the scaffolding has been put up. For essential repairs and renovations your neighbour only need to give you notice to put up the scaffolding (Access to Neighbouring Land Act 1992). If you did not agree to essential repairs your neighbour could take you to court and the court could order you to cooperate. However, even then the court would request a time scale from your neighbours and your neighbours would have to apply to change the time scales.*

For improvements your neighbour should not have put the scaffolding up on your land without asking for your express permission.*

I would try talking to them and asking them the reason for putting it up (essential or non-essential) and if they can give you a time scale. If for example they say it could be finished in a few weeks or a months time it may be worth waiting it out. However, if they are not co-operative and their scaffolding is up for non-essential reasons you could look at other ways of dealing with the situation. For example, mediation or taking them to court.*

Hope this helps!*