access to neighbouring land act 1992

[gibson]

i live in a two storey terraced hous, my neighbour has three storey house.
he wants to put up scaffold in front of my french windows and then accross my roof and upwards to enable roof repairs.
i have asked for written details/diagrams duration of work safety measures and a formal written aggreement he refuses.
he has threatened me with an access order and all his costs in obtaining this.
i do understand his right of access but does the act allow him to put scaffold on my new roof.

[Celestine]

Re: access to neighbouring land act 1992

Have you kept all negotiations in writing thus far?

If not, you must do so immediately.

Set out your reasonable queries politely and formally in writing.

Information such as drawings, loads, duration of project etc are absolutely standard reasonable enquiries. Insurance also needs discussion.

However, if the works to his property are essential maintenance works then he can seek access through the court and would probably be successful.

His threats to pursue you for his costs are pretty silly and will not happen, if anything the court will actually decide whether you should be financially compensated for the presence of the scaffold, also the court would insist upon financial consideration to loss, damage or injury.

Read this through, perhaps send him a copy!
http://www.lawlectures.co.uk/law3/Do...ent-notes).pdf

[Larry Lamb]

Re: access to neighbouring land act 1992

I wonder what the outcome was as have a similar situation but it's gone further. Any advice would be helpful. My neighbour wanted scaffold to build his rooms in roof. He would not provide a contract and despite sending him a letter saying that without a contract no access, instead the scaffolders erected it while we were out causing some damage. Scaffolders denied damage. We are taking action against the neighbour in small claims but they are saying they are not responsible as scaffolder told them he had verbal agreement from us for access. There have been a number of other lies in the defence which are frustrating us as lies are sometimes difficult to prove against.