scaffolding pole - neighbours away & we'd like to place a pole on their land

Grimbal

yup, but whether a replacement of an existing flat roof for a pitched one (& in the process extending it by a metre) would come under "repair" or "new" is the crucial question. It's arguable either way really.

Grimbal

I've also discovered that RICS offer a free 30 minute consultation on boundary issues. I'm going to give them a call on Monday as I'm very concerned that they'll come back from holiday and start reading the riot act to us as they WILL think that we have built on their land

AdmiralX

@ Grimbal I understand there are 2 planes in your intended roof and so they are intersecting along a line called ridge. is it so? The gable is the entire wall triangle formed.
http://www.homeimprovementhelper.com/roof/roof_parts.htm

In any case the approach of bobthedambuilder to construct from inside sounds safe to me. So you would not need to go on the next door property. You do not know what might happen if you next door discovers the scaf in their lawn.
Is there a fence/wall separating your home from the next one?
It is good idea to go to the course you said about boundaries.

AdmiralX

bobthedambuilder wrote: »

Trespass isn't OK just because the owners of the land are not available and therefore haven't given or refused access.

I think so. Boundaries are not guesswork, and can cause really bad disputes: people say: "oh, I though my boundary lies somewhere here". No, the boundary needs to be demarkated and costs in fencing £000s but is worth. It should be marked clearly and guarded by WALLZ or solid fences on concrete posts.. Do you have a plan from surveyor, there must be one.

keystone

Grimbal wrote: »

would come under the "repair/improvement to existing structure" heading - in which case we would have a right of access.

If you are thinking about the Access to Neighbouring Land Act then I'm sorry but you are mistaken. Nobody has right of access to any other persons property without permission. Whether you are maintaing an existing structiure or building a new structure you still need permission to access the neighbours property. If such permission is unreasonably witheld for maintenance of an existing structure you have the right under the Act to get an order allowing you to enter the property. It cannot be used for a new structure.

Whether you count this activity as maintenance or not you still need permission. If you proceed without getting permission its trespass whether its your feet, a scaffold pole or a cantilevered structure in midair.

Cheers

keystone

Grimbal wrote: »

yup, but whether a replacement of an existing flat roof for a pitched one (& in the process extending it by a metre) would come under "repair" or "new" is the crucial question. It's arguable either way really.

Doesn't matter - you still need to seek neighbours permission to access his property - see post above.

Cheers

shaun_from_Africa

Stick a note addressed to "person looking after NoXX" through the letterbox of the house asking them to give you a call.

I would be amazed to find that someone going away for a period in excess of a month wouldn't have someone keeping an eye on the place and popping in occasionally.
If there is such a person, I'm sure they would be able to contact the owner for you.

paddy's_mum

Don't do it!!!

You already have all the ingredients required to kick off a major boundary dispute and now you want to add the final egg to the pudding by going ahead with something you know is likely to cause even more trouble.

I know it's frustrating and enraging when neighbours don't want to be reasonable but unless you've got massively deep pockets to fund a protracted legal action or you are sure that your household insurers won't pull the plug on you, don't even think about risking a stressful, expensive, misery making neighbour war.

If you do decided to just go ahead and plonk the scaffold pole on their land without permission, be aware that your own and the builder's insurance might be invalidated by that one, simple fact.

AdmiralX

@grimbal
A notice of works requires sufficient time which should at least 2 weeks in advance, unless it is an emergency.

A written permission/ agreement by the owner should be required. The owners usually require that they are present when scaf is placed and they are shown the plans in detail and agree.

We are private property and we wanted to put scaf in the next door property inorder to clean our side gutters and we had to go though all that. A scaf has H&S Law compliance and liabilities. You might have to give the insurance details of you and your builder to neighbour.

AdmiralX

paddy's_mum wrote: »

Don't do it!!!

If you do decided to just go ahead and plonk the scaffold pole on their land without permission, be aware that your own and the builder's insurance might be invalidated by that one, simple fact.

I think so. The legal costs and compensations can be stressful and unforeseen.