Neighbours scaffolding partially on my property!!

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13

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  • keystone
    keystone Posts: 10,916 Forumite
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    Send 'em an invoice for useage of your land for the scaffolding and access. They do not have automatic right of access to your property.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • savvy
    savvy Posts: 31,128 Forumite
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    keystone wrote: »
    Send 'em an invoice for useage of your land for the scaffolding and access. They do not have automatic right of access to your property.

    Cheers
    I did think about that and that they've breached the rental agreement by not paying the full deposit (to cover damages) up front :D

    Have gone out and seen it in the daylight now.........they've cracked 2 fence panels, pushed the fencepost in so it meets the shed roof and have put the pole in so you can't open the shed door fully :mad::mad::mad:

    I'm going to go down the council and see if I can find out exactly who is in charge of the build because I don't trust the builders not to give me phoney details!!!
    Honorary Northern Bird bestowed by Anselm
    I'm a Board Guide and volunteer to help get your forum questions answered and keep the forum running smoothly on Special Occasions, Green/Ethical, Motoring/Overseas/UK Travel & Flood boards, it's not part of my role to deal with reportable posts. Report inappropriate or illegal posts to forumteam@moneysavingexpert.com. Views are MINE & not official MSE ones ;)
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    edited 30 November 2011 at 10:09AM
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    There is a right of access for simple maintenance. If that is refused, it can only be enforced by court order - they may not force their way in if you refuse access.

    The council is responsible for the conduct of its contractors. The only exception is if their behaviour is so wild that it cannot be said to be part of their work.

    Rubbish left on your ground is their problem. They must either remove it, or you can have it removed and then require them to pay for the removal (you pay the removal contractor, then you sue the council for the price).

    Damages caused by contractors likewise.

    Take photographs.

    The police are just trying to get out of it as usual. Civil trespass is a police matter if the trespassers are asked to leave and refuse to do so. That's a Breach of the Peace and arrestable.

    If it comes to it, you could get a court order forcing the contractors off your property. A solicitors letter to the Chief Executive of the council might focus their attention.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • capeverde
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    wendywhite wrote: »
    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?????

    absolutely unbelievable listening to some of the people on here. get a life please, what are you exactly moaning about? Lets dissect this, theyve braced some scaffolding off your property. Fair enough, they should have asked, but is it causing you any hardship? Secondly you say they have left some 'rubble and rubbish' on your land. This sounds like you are over reacting to a small amount of debris and making it sound like a landfill site. Simply go up to the foreman with a cup of tea and ask that they please clear up at the end of the day should anything fall on your side of the fence. A smile is disarming you know. Finally, the fact your husband is on nights is neither here nor there, buy him some earplugs, you cant ask for work to stop because of your husbands shifts. Then we get down to the crux of the matter 'do I charge them'? the whats in it for me culture. How about being a friendly neighbour instead.
  • davetrousers
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    capeverde wrote: »
    absolutely unbelievable listening to some of the people on here.


    You've just responded to a post over 2 years old!

    The thread has been resurrected by someone with a similar problem, which has involved damage to fence panels.

    Maybe you should read things more thoroughly.
    .....

  • savvy
    savvy Posts: 31,128 Forumite
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    Thanks Whitehorse, this is a change of use to the plot, they demolished a one story business premises and are now erecting a two storey dwelling all private property as far as I can tell so far. I've rung the council this morning to try and ascertain who to contact in relation of the build but they won't divulge the information, I can't ask the builders today as they aren't there (possibly due to rain), so I'm a bit stuck until perhaps a council case worker or surveyor calls me back :(

    Funnily enough when they demolished the previous building I took photos of the fence and I've taken some this morning, only prob the bit that they've cracked and pushed in I don't really have a good before shot icon8.gif soooo annoying!

    The Police said last night that they only deal in criminal law...I'm now wondering if damage and blocking access would be deemed criminal now? I just can NOT believe they think it's okay to block access to our shed like that and think it's okay!!
    Honorary Northern Bird bestowed by Anselm
    I'm a Board Guide and volunteer to help get your forum questions answered and keep the forum running smoothly on Special Occasions, Green/Ethical, Motoring/Overseas/UK Travel & Flood boards, it's not part of my role to deal with reportable posts. Report inappropriate or illegal posts to forumteam@moneysavingexpert.com. Views are MINE & not official MSE ones ;)
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    Go and dismantle it all, savvy. You know you want to.:D
  • capeverde
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    You've just responded to a post over 2 years old!

    The thread has been resurrected by someone with a similar problem, which has involved damage to fence panels.

    Maybe you should read things more thoroughly.

    ah, so youve changed your opinion in the meantime then. doesnt matter when it was posted, i was giving my opinion on something. if someone had a similar problem its relevant isnt it.
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
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    savvy wrote: »
    The Police said last night that they only deal in criminal law...I'm now wondering if damage and blocking access would be deemed criminal now?
    The Police are right - they will only intervene if say a civil dispute gets out of hand and becomes a Breach of the Peace, an assault or some such.

    Blocking access is an offence. However, unless it cause huge inconvenience, it may not be worth pursuing, although it could be mentioned as part of the overall picture.

    Using your own property in such a manner that property belonging to another is damaged, may amount to Criminal Damage. So if their equipment damages your property and they were knowing or reckless with regard to that damage ...
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
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    LandyAndy wrote: »
    Go and dismantle it all, savvy. You know you want to.
    Cheap padlocks and chains snapped on in the dead of night. Causes no end of bother.

    Or so I'm told.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
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