Hi Scaffolding help please

[Helen 56]

Hi, Firstly thank you for accepting me to your site. Im not sure about a problem I have and want help please.

My neighbour sold his bungalow, builders have moved onto the site and wanted to put scaffolding in our land as they don't have enough space on their side to erect scaffolding for a second floor of a house, except taking out the shared hedge. I said no, as we use that piece of land for our cars when they asked, but now they have put scaffolding poles that encroach way into our garden and I assume they are going to have access from higher up into the air and that the planks will be over our land. Firstly can they do this? as the scaffolding boards will be in the air space over our property, and debris will come onto our side. And what are the legal rights about this situation.

Thank you for your help.

[des8]

They can do it, but they shouldn't.

Putting the scaffold poles on your ground without permission is trespass.
If they use planking which intrudes into your air space, that too is a trespass.
They should ensure netting is used to prevent debris falling into your ground.

You should write to the owners of the property (copy in the builders) instructing them to dismantle the scaffolding within 24 hours.
In the letter advise them that if they do not comply you will immediately apply to the courts for an injunction ordering the removal, together with an adverse costs order.


Your other option is to offer them a licence to erect the scaffolding on your ground for a limited time at a cost of £xxx per day
payable in advance.
Set limits on the distance into your ground that they may encroach.