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Neighbours scaffolding partially on my property!!
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# 1
wendywhite
Old 17-02-2009, 9:31 PM
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Default Neighbours scaffolding partially on my property!!

Hi hope this is ok to post here but next door neighbours (local authority house) has got scaffolding up some of which has been placed over an adjoining wall onto our front path, without permission. Initially I was a little annoyed but didnt do anything except mutter to the workmen, now they have been distinctly unhelpful and I have found some rubble and rubbish on my property, also asked them to keep the noise down today since hubby working night shifts and of course they didnt (big ask I know). My question is what are my rights? Can I stop the work and make them take it down (they say they cannot put any of it up without coming onto our property) do I charge them?????
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# 2
omelette451
Old 17-02-2009, 9:34 PM
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I would say that coming on to your property to put rubbish and rubble there (and probably scaffolding too, but I can see why perhaps they may have to do that) is trespassing, and I think you have every right to complain. I wouldn't have a clue who to though, perhaps the council?
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# 3
TomsMom
Old 17-02-2009, 9:58 PM
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Hi Wendy.

At the moment we are having a house renovated, it is literally half a dozen steps from the small back garden of our present property. We have scaffolding up at the moment. Our scaffolding doesn't encroach onto our neighbour's property but our builders, as a matter of course and out of politeness, did speak to our neighbour to inform him that the scaffolding would be going up. The neighbour voiced concerns that he had (because he'd had problems in the past with scaffolding when the previous owner had some work done) and our builders reassured him that the scaffolding would not touch his property and if, by rare chance, any damage was caused they would rectify it.

I have to say I do cringe at the volume they play their radio, we can hear it if we're in our garden, and just hope the neighbours aren't too disturbed by it. They seem to want a background of music and need it up loud to hear it whilst they're working. Doesn't do anything for me personally but we're all different!

We have spoken to our neighbours and asked them to let us know if they have any problems with anything whilst the builders are here. Luckily, after a problem one neighbour had with where the skip had been placed and my OH sorting it out, everything has been fine. The neighbour who complained about the skip has even had the builder who owns the firm in his house for a cuppa and a tour round, and has been recommending him to anyone who asks about him!

I think your neighbours or their builders were very remiss in not speaking to you initially and asking your permission for the scaffolding to come onto your path. And to leave rubble and rubbish on your property is not on.

However, I think you have to think about your relationship with your neighbours. Do you get on with them and are friendly? If so, making them take the scaffolding down is going to cause a rift between you which you probably wont heal.

Is the fact that the scaffolding is on your path causing you any problems?

Perhaps a calm, quiet word with either your neighbours or the builders might be what's needed (rather than "didnt do anything except mutter to the workmen") to try and work out a solution you are happy with. Something along the lines of you are "willing to allow the scaffolding to be on my path, although I would have preferred it if you had mentioned it to me prior to work starting, if you are willing to be considerate and not let any rubbish or rubble come onto my property", sort of thing.

I do agree that you should have been approached initially but a bit of give and take for the sake of keeping the peace with your neighbours might be the way to go.
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# 4
wallbash
Old 17-02-2009, 10:37 PM
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Quote:
I do agree that you should have been approached initially but a bit of give and take for the sake of keeping the peace with your neighbours might be the way to go.
Its all down to communication .
In most cases if you are asked . you say yes.

In my case, the nextdoor neighbour wanted lights on the scaffolding, because some of the poles were in his way , if he was in his garden at night ( I did not ask , why)
Just hired some lights, he was then happy little bunny
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# 5
Chippy Minton
Old 18-02-2009, 8:19 AM
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Quote:
Originally Posted by wendywhite View Post
Hi hope this is ok to post here but next door neighbours (local authority house) has got scaffolding up some of which has been placed over an adjoining wall onto our front path, without permission. Initially I was a little annoyed but didnt do anything except mutter to the workmen, now they have been distinctly unhelpful and I have found some rubble and rubbish on my property, also asked them to keep the noise down today since hubby working night shifts and of course they didnt (big ask I know). My question is what are my rights? Can I stop the work and make them take it down (they say they cannot put any of it up without coming onto our property) do I charge them?????
Is your house local authority too?
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# 6
thebaldwindowfitter
Old 18-02-2009, 8:29 AM
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the council or the contractors working on your property should of asked for permission to encroach your garden for erection of scaffolding we would always ask neighbours when we are working on properties.not all builders are the same our neighbours had blosk paving done and my wifes car looked like a desert where they had been cutting brick no offer to wash it of i spoke with neighbour who offered to wash it .we would of asked for it moved or covered it with a dust sheet .as for the noise and your husband working nights well thats a tough one but debris in your garden speak to the workers
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# 7
non_believer
Old 18-02-2009, 9:30 AM
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You should also consider the effect this may have on your home insurance. I believe that scaffolding on an ajoining property can invalidate your policy. Not sure if this is the case for all insurers, but may be worth looking into.
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# 8
Fire Fox
Old 18-02-2009, 2:07 PM
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I would telephone the builder's office number (usually advertise on the scaffolding) and ensure you speak with the manager/ owner of the company. Politely but firmly state that you wish the scaffolding to be removed immediately and no further trespass on your property to occur. If they then wish to negotiate it is up to them to make you an offer (don't say this). You are entitled to call the police if they continue to trespass, but this probably would annoy your neighbour so best avoided.
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# 9
Becles
Old 18-02-2009, 2:55 PM
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What is the scaffolding for?

They have no rights to put it on your land if it is there for new building work such as an extension. However you can put scaffolding on a neighbours property for essential maintenance to your own property. I forget which law this is under, but we had to enforce it when our neighbour objected to scaffolding which was needed to replace rottern facia boards on our gable end. Due to the narrow distance between the properties, it encroached onto the paved area outside their house by a few inches.

If they throw rubbish/rubble onto your property, they should clear up after themselves.

If the noise is within daytime hours, you can't really complain about it. I know it must be frustrating. My toddler and husband (shift worker) were both asleep a few weeks back, when some builders turned up next door to replace his front step and they were cutting bricks with a saw. Neither got any sleep and they were both grumpy!
Here I go again on my own....
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# 10
Fire Fox
Old 21-02-2009, 10:06 PM
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Quote:
Originally Posted by Becles View Post
What is the scaffolding for?

They have no rights to put it on your land if it is there for new building work such as an extension. However you can put scaffolding on a neighbours property for essential maintenance to your own property. I forget which law this is under, but we had to enforce it when our neighbour objected to scaffolding which was needed to replace rottern facia boards on our gable end. Due to the narrow distance between the properties, it encroached onto the paved area outside their house by a few inches.
Surely you would still have to serve a written notice (even if a very short period in an emergency)? :confused:
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# 11
slummymummyof3
Old 21-02-2009, 11:04 PM
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Scaffolding encroaching on the neighbours land would probably come under the Party Wall Act. What work are they having done? Are you a local authority tenant as well?
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# 12
Hitch
Old 22-02-2009, 10:28 AM
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The less fuss you make, the quicker the job will be done and the scaffold gone...
The rubbish, a very valid point. Catch a couple of the builders. make them a cup of tea and it will be gone, no doubt.

I would imagine the scaff contractor assumed yours was also an authority home.
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# 13
TomsMom
Old 22-02-2009, 10:48 AM
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Considering how many people have taken the trouble to offer their opinions and suggestions, it would be nice if the OP came back and let us know how things are going and what she's decided to do.
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# 14
Johnhowell
Old 22-02-2009, 4:22 PM
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Quote:
Originally Posted by slummymummyof3 View Post
Scaffolding encroaching on the neighbours land would probably come under the Party Wall Act. What work are they having done? Are you a local authority tenant as well?
No. Access to Neighbouring Land Act 1992 (c. 23)
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# 15
27col
Old 23-02-2009, 3:23 PM
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Originally Posted by TomsMom View Post
Considering how many people have taken the trouble to offer their opinions and suggestions, it would be nice if the OP came back and let us know how things are going and what she's decided to do.
Hear! Hear! I wish that more people would tell us how their problems worked out. Most of us are on here because we are nosy. In the nicest sort of way, of course.
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# 16
espresso
Old 23-02-2009, 4:59 PM
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wendywhite Last Activity: Today 6:48 AM

:rolleyes:
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# 17
claret74
Old 28-07-2011, 9:23 PM
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Hi,

I am not the op obviously, but today I had the same (well similar) problem. My neighbours are having some rendering done (we are not attached, and there is a double pathway between the 2 houses with a fence in between the 2). The scaffolding started to be erected yesterday and previously my neighbour had asked if he could encroach on my path at the side of my house (totally seperate from my front garden). I said yes of course so long as i could get the bins down which we can. Earlier this evening, i looked out of my front window to find a man with a very large scaffolding pole standing on my grass, erecting some of the scaffolding from my side. No indication from the neighbour that this would happen, no enquiry as to this being ok with me.

Now he owns his house, I privately rent mine, so dont have that many legal rights with regards ownership etc. The builders told me they could by law, but it annoys me cause my flowers are squashed by a large board (supporting the pole) as is my grass. and i have to duck to get down my path or go onto my grass and over the pole to get out. I already moved my car further up the road for them earlier whilst they had delivery of the plaster/cement/sand whatever lol!

I just want to say thanks to all that answered the previous question cause mine have been answered with regards laws etc!! Just frustrating that they didnt ask properly and i have to go tell the agents tomorrow that its up! grrrr lol
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# 18
savvy
Old 29-11-2011, 5:27 PM
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Unbelieveable!!!!!!!!!!! There is a private property being built at the end of our privately owned garden, the other side of our 6ft fence. My youngest son rang me this morning to say he just saw a builder jump over our fence into our garden with a scaffold pole, stand on something and leapt back over the fence! I've just got home and they've erected a walkway over our fence then across half of our shed with a pole supporting it in our garden!!!!!!!!

We've had absolutely NO communication from them and there's no contact address anywhere. I'm fuming to say the least especially as our fence is very old and can't really cope with burley builders leaping over it and no way can I afford to replace it if they trash it, not only that all manner of !!!! is now going to be falling over our shed!!!

Surely this behaviour is unacceptable on your own property?????????
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# 19
savvy
Old 29-11-2011, 5:58 PM
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Right so the Council Building Control Department say it's a Police 101 matter due to the tresspassing, but the Police say it's Civil Trespass and they only deal with criminal law (which is obviously correct!) and to see CAB or a solicitor if the council won't do anything. Byt the time you've done that the building will probably be finished!!!!!!!!

So once again you're caught in the mddle of everyone and the perpetrator gets away with it while the innocent have to shut up and put up?

Last edited by savvy; 29-11-2011 at 6:01 PM.
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# 20
mart.vader
Old 29-11-2011, 8:14 PM
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Quote:
Originally Posted by savvy View Post
Right so the Council Building Control Department say it's a Police 101 matter due to the tresspassing, but the Police say it's Civil Trespass and they only deal with criminal law (which is obviously correct!) and to see CAB or a solicitor if the council won't do anything. Byt the time you've done that the building will probably be finished!!!!!!!!
Welcome to the world of buck-passing.

In your position, I probably would be in contact with the owner of the building co. Don't listen to anything about how they have the legal right to do this. They only have the right if a court gives them the right.

I remember when builders wanted to get to a wall at the bottom of my elderly father's garden, (the wall belonged to an adjoining property), and they told him that, by Law, they had the right of access. He believed them, and for a few weeks, he allowed builders to walk through his house i.e. in the front door and out the back door, to get access to the wall.
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