Freeholder erecting scaffolding

[JohnMGriffin]

I live on the lower ground floor of a converted block. There are 3 other flats each with access to a shared (between the 4 of us) decking. Access is via our own flat patio doors, or a small single door to an underground car park.
The freeholder Management Company issued a notice that they were planning to erect a further floor to the block. We petitioned that our right to light maybe compromised, but heard nothing back. Planning permission was granted in the event.
This morning I returned home to discover that scaffolding has been erected immediately outside my flat to then entire height of the building. No warning was given and my patio door now only partially opens.
Can they erect scaffolding in this private area with no notice?
What options are open to me? The Freeholder's Management Company are notoriously evasive when it comes to answering issues such as this.

[Ripped-Off]

Re: Freeholder erecting scaffolding

I'm not sure that you can pursue a claim for a right to light. This can only be acquired by ‘anyone who has had uninterrupted use of something over someone else’s land for 20 years without consent, openly and without threat, and without interruption for more than a year.’ S3 of the Prescription Act states:

When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.

I understand that the courts will generally not assist a party who seeks an injunction after the event, if it can be shown that they had the opportunity to act sooner. You may need to speak with the planning authority to see what if any restrictions were imposed when planning consent was given. These decisions are normally downloadable from the internet.

The fact that the scaffold is obstructing your enjoyment of the patio is more concerning. Not certain without knowing who owns what whether this would be a nuisance or a trespass. In any event, though scaffold is obviously required, it is never acceptable to deny someone the enjoyment of their own land. You should ask for the scaffold to be altered and if that fails get an injunction to force them to alter the scaffold or it take it down.

[des8]

Re: Freeholder erecting scaffolding

If the scaffolding also obstructs what might be used as an emergency exit, I'm sure it must contravene some regulation somewhere!

[meellis]

Re: Freeholder erecting scaffolding

I would seriously look into the purpose of the decking, in my building experience these things are usually installed for fire escape purposes and if so you should really have proper escape facilities.

[JohnMGriffin]

Re: Freeholder erecting scaffolding

The decking is a 'garden area' shared between 4 private flats. The scaffolding company had to lower themselves down into it as they had no access permitted and codes for the security gate. We had no forewarning of any works to be done and the freeholders have said they sold the roof area to another developer. This means that they have trespassed on our property and installed the scaffolding on the sly. The pole restricting my access has now been removed and they are being very evasive about their authority to set their scaffolding up. As far as I am concerned it is a criminal offence to have done this.

[wales01man]

Re: Freeholder erecting scaffolding

If you think its criminal call the police problem here is what happens if you complain to the developer and they do nothing

[des8]

Re: Freeholder erecting scaffolding

This would appear to be trespass to land and is an actionable tort (not criminal

If the scaffolding is on your rented land write to developer telling them to remove it within say 4 working days.
Warn them that if they fail you will be suing them and as it will be a continuing trespass there will be a new cause for action each day the scaffolding remains.

Be aware tho' that if you win a court action any damages are likely to be nominal if there is no damage to the land, altho' you may also be granted an injunction to stop the trespass