Stopping a supermarket from erecting scafolding on my land

lovelyhead

Doozergirl wrote: »

Sigh. You told us the erection of scaffolding was for the rendering. That is the only thing that affects your land and the only reason they might need to come onto it.

It is not that people don't have compassion for you, people can see you are on a hiding to nothing. You have to choose your battles wisely. Your ally on this thread has likened your situation to fighting the Nazis and you think that person is the only reasonable one?

I'm out.

I am glad you are out as you seem to be unable to offer any relevant advice. A lawyer seems to think I am perfectly within my rights to refuse access. I have written to other lawyers and will be taking a meeting with one soon. We shall see what they have to say.

Perhaps you should take a look at the Access to Neighbouring Land Act 1992

"On an application under this section, the court shall make an access order if, and only if, it is satisfied—

(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and

(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land"

It clearly states preservation. I will leave it up to you whether you think a major renovation project is the same as preservation.

wealdroam

lovelyhead wrote: »

This is what I am thinking. Why shouldn't I be fairly compensated?

Ahhh... so we're getting there.

The supermarket can put their scaffolding on the path if suitable compensation is agreed.

I thought for a minute that this was about principles.

So what's the price, Lovelyhead?

lovelyhead

wealdroam wrote: »

Ahhh... so we're getting there.

The supermarket can put their scaffolding on the path if suitable compensation is agreed.

I thought for a minute that this was about principles.

So what's the price, Lovelyhead?

If I had my way there would be no supermarket being built next door, I would be able to continue living in the home that I love and enjoy it with my family.

Now that is no longer possible and we will have to move home at great expense.

If there is a way to get some compo from a massive multi billion pound corporation for this hardship they have forced on me, why shouldn't I take it.

Would you allow some campers to rock up and camp in your back garden without your permission? Would you make them leave your back garden? What if they offered you £100 to let them stay for the night?

wealdroam

lovelyhead wrote: »

It clearly states preservation. I will leave it up to you whether you think a major renovation project is the same as preservation.

Do you understand that rendering is done to preserve the fabric of the building?

chappers

I feel for you and wouldn't particularly want a supermarket next to me. But you need to pick your battles and the way to fight this battle is via legally laid out conditions for them to carry out the works.
They WILL find other ways around this if you deny them access, methods that will probably involve the works taking longer and causing you more disruption at a time when you probably need it least.
Take the money and make sure that conditions are laid out with regards to hours of work and timeframes to complete etc.

lovelyhead

wealdroam wrote: »

Do you understand that rendering is done to preserve the fabric of the building?

If rendering was the only thing being done then I would agree with you. Does knocking down a large section of the building preserve it? Does removing a whole floor of the building preserve it?

lovelyhead

chappers wrote: »

I feel for you and wouldn't particularly want a supermarket next to me. But you need to pick your battles and the way to fight this battle is via legally laid out conditions for them to carry out the works.
They WILL find other ways around this if you deny them access, methods that will probably involve the works taking longer and causing you more disruption at a time when you probably need it least.
Take the money and make sure that conditions are laid out with regards to hours of work and timeframes to complete etc.

I would definitely take the money if I was offered. No money has been offered and never will be offered unless I kick up a fuss. It sounds like I can legally do that but I will need more information to be sure I'm not setting myself up for a fall legally.

As was once said in a great film "f**k you, Pay me!".

wealdroam

lovelyhead wrote: »

Does knocking down a large section of the building preserve it?

Does that involve scaffolding on your property?

lovelyhead wrote: »

Does removing a whole floor of the building preserve it?

Does that involve scaffolding on your property?

You are not going to stop them doing those things if they can manage them without going on your property.

lovelyhead

wealdroam wrote: »

Does that involve scaffolding on your property?



Does that involve scaffolding on your property?

You have only told us about the scaffolding being needed for the rendering.

Oh c'mon. Get real.

It is a part of a larger construction project. They are also blocking up a window on the same wall. Is blocking up a window preservation? There is also nothing wrong with the current render. They are changing it for aesthetic reasons.

LABMAN

lovelyhead wrote: »

Oh c'mon. Get real.

It is a part of a larger construction project. They are also blocking up a window on the same wall. Is blocking up a window preservation? There is also nothing wrong with the current render. They are changing it for aesthetic reasons.

You'll get 1/8th at best for access which will be a pittance. I'm not that convinced it's your land either. You have access rights.