Scaffolding on my land

[rob_h_kay]

Hi,

I have a somewhat similar situation as described in the following thread:
https://legalbeagles.info/forums/for...ing-on-my-land

The main difference is that I initially agreed to have the scaffolding erected for a certain period, which has now been passed by over 3months.
Later came to find out the owner is a very shady character with a ton of legal history related to property management, unlawful developments and contempt of court.
I did have a pretty bad feeling about the guy, but thought I should be do the neighbourly thing and all that.

Should have trusted my gut feeling but ey... now I need that scaffolding gone.
Based on this and my communications with him - he is a liar - I would say:
- an amiable agreement is extremely unlikely
- emergency court injunction unlikely to yield anything, as he will just ignore
- legal proceedings for trespassing also unlikely to yield anything within an acceptable timeframe

My last option would be to get the scaffolding removed by a third-party scaffolding company, right?
Could someone please confirm/correct the above?

I just want to make sure I do everything within the law.
Thanks!

[PallasAthena]

Can't comment on the law but from a practical point of view experience suggests that no third party scaffolding contractor will be willing to touch it, especially with the reputation your scaffolder has.

[atticus]

Torts (Interference with Goods) Act notice to the owner of the scaffolding?

[rob_h_kay]

Can't comment on the law but from a practical point of view experience suggests that no third party scaffolding contractor will be willing to touch it, especially with the reputation your scaffolder has.

Just to clarify, the owner of the property is the one with the bad rep. Can't comment on the rep. of the scaffolding company he used.
Unfortunately I don't know who the scaffolders actually are either, since there are no tags on any of the boards/poles.

[rob_h_kay]

Torts (Interference with Goods) Act notice to the owner of the scaffolding?

See previous post! I would definitely give them notice if I knew who they were.
Either for them to unrig it themselves, or to let them know that their stuff will be available for collection, as I have no intent to steal from them.

[atticus]

OK, the information provided after I made my suggestion makes it impractical.

The OP could try contacting scaffolding companies to ask if it's theirs.

[MIKE770]

or take it down and place carefully back to the property that was using it, same as the older cut overhanging branches being ignored but place on the property it belongs - local laws of the 50/60s.,

[PallasAthena]

I would caution that taking down scaffolding if you have no knowledge/experience of scaffolding is a potentially risky thing to do and I wouldn't recommend it.

[MIKE770]

Get somebody to do it

[Pezza54]

OP did say he wanted to be sure he stayed within the law. If the scaffolders he employs have to access his neighbours garden to remove the overhanging scaffolding they will be guilty of trespass

[MIKE770]

Well well a simple answer is letter recorded delivery stating 14 days to remove offending scaffolding. Or you will have speciist dismantle and charge storage until removed and all charges would reclaimed as necessary

[rob_h_kay]

OP did say he wanted to be sure he stayed within the law. If the scaffolders he employs have to access his neighbours garden to remove the overhanging scaffolding they will be guilty of trespass

Yeah I was wondering about that too. Bit of a rock and a hard place.

[rob_h_kay]

Get somebody to do it

Yup I definitely wasn't going to do it myself, as I do not want to make the remaining scaffolding unsafe by doing so.
As others have mentioned it seems I need to find a company that would be willing to do it AND be able to do that whilst remaining on my property at all times.
Fun times, fun times.

[rob_h_kay]

Called a few Scaffolding companies and essentially they are not even be allowed to tamper with someone else's scaffolding to begin with, which does make sense. So that's a no-go.

[atticus]

You need to take action against the neighbouring landowner, if you cannot persuade him to remove the stuff.