Scaffolding on my land

[Mjack05]

Good morning...

The man who owns the property next to mine has erected scaffolding on the gable end of his property...this scaffolding is entirely on my land and was placed without permission.

It's completely in my way and is preventing me from being able to use the land.

i have sent numerous texts to both the scaffolding company and to the property owner..which has prompted absolutely no effort to remove the scaffolding.

I then had a visit from the property owner yesterday evening who stated that due to him buying the property from his wife.. no work can be carried out on the property therefore the scaffolding would be remaining for quite a while as " its doing me no harm.."
This is no correct and I want it removed immediately.

He has also threatened me saying "your f##king with the wrong guy..." This is abhorrent and makes me very angry..and enthused about getting the equipment off my land even more...

Any thoughts..?

[Celestine]

How very frustrating for you.
I particularly like how he thinks the issue of him buying a property from his wife justifies an even longer delay. My petty mind thinks....divorce deals, I wonder why they split!??

Right, if he did not have your express permission to install the scaffold, then he should have applied to court under the Access to Neighbouring Land Act 1992. I am assuming he did neither?
Your neighbour and his scaffolders have committed trespass. This is a civil matter, no need for police involvement....they wont anyway.

Two options:
You have the legal right to remove the scaffold yourself/another firm, so long as it is secure and available for the scaffold company to retrieve. You should give the neighbour and scaffold firm 24hrs notice before doing this (unless emergency access required). The scaffold must not be damaged. Photo EVERYTHING.

Give neighbour 24hrs notice of an emergency injunction to the county court to get the scaffold removed, all costs to be met by him.

For the second option, you would be best to hire a solicitor, apart from anything else, they know how to make the courts act faster and how to enforce any injunction.

You may also wish to make a report to your local police about his threats and that an escalation in the dispute could lead to him breaching the peace, making further threats. Be careful and calm in all dealings with him, the law is on your side.

[paulajayne]

Further to the above you can charge for use of your land during the period of use.
£100 / week in advance paid monthly is reasonable.
Get it in a contract with a termination date which if exceeded will then incur and additional fee of say £250 per extra week.

[echat11]

I wouldn't advise trying to remove it yourself, as they are difficult to put up (they need a competent person with experience to do that), it would need a competent person to dismantle scaffolding (Health and Safety - hard hats etc).

[Mjack05]

Thanks for the reply..

I can take the scaffolding down however have nowhere to store it..hence the need to take it down...I've talked to a solicitor about them carrying out the work however they've advised fees of circa 400-500 ...a cost that unless I go to court, I may not be able to retrieve..and I would really hate being out of pocket in order to remove something from my own land...how could I threaten with a court injunction "at the neighbours cost"?...

I'm confident around doing legal action myself..are there any templates out there to get me started..

[Mjack05]

The property owner wouldn't want to pay 100 per week for the use,he is quite a unsavoury character and I wouldn't trust him either way..plus I need the land back not really the money...

[Mjack05]

Any thoughts on my last 2 posts..

[des8]

Write (first class post with free certificate of posting from PO) telling him that he has 14 days in which to have the scaffolding removed from your property.
Warn him that if he fails you will apply for a court injunction ordering him to remove it, together with an adverse costs order.

If he fails we can assist you in drafting the court application

PS an attempt at charging for the use of your land has no standing in law as there is no contract between you

[Mjack05]

Will do..thanks Des8

[Ukmicky]

I would say 7 days is more appropriate and I would also start filling in the forms now so on day 8 you are ready to act.

[Ukmicky]

PS an attempt at charging for the use of your land has no standing in law as there is no contract between you

A contract isn’t required if the Op claims mesne profits ,it should equate to the rental value of the land they are occupying through the trespass. And in theory you have double course of action as the scaffolding company are liable also as they trespassed to erect the scaffolding which is owned by them.

In fact I would send a letter to the scaffolding company tomorrow informing them that unless their scaffolding is removed from your land within 48hrs as the scaffolding was erected by them and is owned by them you will immediately instigate action in the courts and will seeking damages in the form of mesne profits for the trespass which will equate to the normal rental value of the land they are occupying

[des8]

What i said was that the OP could not make a charge for use of the land.
I did not say that he could not make a claim for user damages. Damages awarded in this type of case are for loss of a bargaining opportunity.
Making a claim is not the same as making a charge, and due to its possible cost, stress and uncertainty I would not recommend anyone going down that route without a firm understanding of what it involves