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How can I get my neighbours scaffolding removed from my property?

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  • How can I get my neighbours scaffolding removed from my property?

    Good evening,

    In May this year, the property next door to mine had a fire (no damage to our property was caused). Consequently, scaffolding needed to be erected to carry out repairs on the property next door. There was no advance notice of this, in fact the scaffolding company asked permission verbally for the scaffolding to be placed on our driveway and down our side passage for a couple of weeks. More than a couple of weeks have passed. Work which requires scaffolding is completed, yet it still remains on our property.

    I have been in contact with both my neighbour and the scaffolding company to convey 1. how much of an inconvenience this is for us (it is preventing the completion of our driveway and it has hindered our access to the side passage; consequently we are unable to move bins) and 2. that the scaffolding has been on our property for an unacceptable amount of time. Though both had stated the scaffolding would be removed within '10 days' etc, back in August, I am still in the same situation. Now both neighbour and scaffolding company have stopped answering my messages.

    How can I get this scaffolding removed? Ideally I would like to try to resolve this individually without seeking a solicitor, but am fully prepared to do so as a last resort.

    Many thanks in advance.
    Tags: None

  • #2
    I think (perhaps wrongly) that this is how scaffolders work. They have a greater quantity of scaffolding than they have facilities to store.
    Your right is to charge for storage but then risk a dispute if they do not wish to pay for its recovery, or indeed just remove it.

    You can threaten to sell the scaffolding unless removed.
    See the Torts (Interference with Goods) Act

    You have my sympathy but no obviously effective answer is available.

    Comment


    • #3
      I understood that as permission had been given, the landowner could not then start charging as there was no contract.
      Isn't the way to go is to withdraw permission and request removal within so many days, and warn them you propose to act as follows

      If they fail to comply you will arrange for a scaffolder to dismantle the scaffolding (don't attempt it yourself!) (and leave the poles etc in the neighbour's garden or proceed in accordance with your rights as per the Torts (interference with Goods) Act !977 ),and claim the costs back from the building owner
      Alternatively, you will apply to court for an injunction forcing the building owner to remove the scaffold as it is now a trespass.(although this could be more difficult than it sounds)

      Comment

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