Scaffolding on my property from neighbour stopping sale

somethingcorporate

What has your solicitor said?

davidmcn

AnotherJoe wrote: »

And the OP would care about that because ?

Because they might be able to persuade their buyer that objectively it isn't a big deal and they should just get on with the purchase.

Pennywise

Just phone the scaffolding company and tell them to remove it from your land. Follow it up with a recorded delivery letter saying the same thing. They'll soon contact the their customer, i.e. the council, to tell them what's happening. If you've not given them permission, they have no rights whatsoever to trespass on your land. If you don't get anywhere, then get your solicitor onto them.

AnotherJoe

davidmcn wrote: »

Because they might be able to persuade their buyer that objectively it isn't a big deal and they should just get on with the purchase.

Well, I'm sure that was OPs first thought and she's tried that already hence now asking here.

But if she hasnt, yes then obviously first thing would be to say "its temporary works so no need to be worried sign here please' .

Jennaedmonds2002

Thanks for everyones replies. I don't know why the buyer won't exchange/complete with it there, they have been advised that it isn't a big deal but they are worried about damage to the property when it is removed?!? It is through Vivid homes who have had the work done on the neighbours side (I don't know much about them) it isn't blocking anything but it is a terraced house so it does go onto our roof. I have phoned the scaffolding company who have told me that they can't take it down without Vivids go ahead. It is so frustrating as this is holding up the sale of this house. I don't understand why the buyers won't go ahead anyway but regardless of that it should never of been put up in the first place but after doing some research it looks like there isn't much that I can do about it that won't cost me even more money!

SmashedAvacado

1. Doe the neighbour have a legal right to errect scaffolding against your property?
2. If not, (which is likely to be the case) does the neighbour have permission from you to errect scaffolding against your property?
3. If not, ask your solicitor to write to the neighbour and the scaffolding company requiring the scaffolding to be urgently removed and in any event within 48 hours. Threaten an injunction for which they will be liable for costs. Indicate that you will hold them liable fully for any damage to your property as a result of their trespass.
4. Send the a WP letter asking them to sign a scaffodling licence with you paying £200 per day for the period on which they continue to have scaffolding errected (including the historical period) with a drop dead date of 2 weeks by which they will remove it. Indicate that if they sign that you will not make an injunction application. The agreement shoudl make it clear that they insure the scaffolding and have PL insurance.

SmashedAvacado

Jennaedmonds2002 wrote: »

Thanks for everyones replies. I don't know why the buyer won't exchange/complete with it there, they have been advised that it isn't a big deal but they are worried about damage to the property when it is removed?!? It is through Vivid homes who have had the work done on the neighbours side (I don't know much about them) it isn't blocking anything but it is a terraced house so it does go onto our roof. I have phoned the scaffolding company who have told me that they can't take it down without Vivids go ahead. It is so frustrating as this is holding up the sale of this house. I don't understand why the buyers won't go ahead anyway but regardless of that it should never of been put up in the first place but after doing some research it looks like there isn't much that I can do about it that won't cost me even more money!

It is a big deal because someone is performing an actionable trespass on land you own. No solicitor for the buyer will be able to proceed with the purchase on that basis. The position needs regularising or ending - see my suggestion above.

badmemory

No-one in their right mind is going to go ahead with the purchase of a property with someone else's scaffolding on it (or even their own unless they have details as to what it is for/discount for work needed etc). I doubt very much if any mortgage co would give one on this property with that scaffolding in place. If nothing else it is devalueing your property. The only thing that is keeping your sale live is that they are buying a very good price (for them).

Slithery

OP stated that this was a rental property. It's quite possible that a letter to the address from the council requesting permission that wasn't addressed specifically to the tenants ended up in the bin without being opened.

moneyistooshorttomention

I'd do the same as the buyers in their position.

I agree with Smashed Avocado - threaten an injunction for trespass. If that doesn't work - then I'd take out the injunction against them.