Scaffolding and boundaries

Waranp

Hi all, I've got some great advice on here before so I'm hoping for some regarding a different issue.

Currently we are doing extension work on our property which requires scaffolding to be erected so that we can safely complete a roof on a side extension. This involved partly knocking down a garage which was built to the boundary by the previous owner. Part of the wall remains as a wall between the two properties. We own and responsible for the wall/fence on the boundary. However when the scaffolders attempted to erect poles on the wall the neighbour obstructed this claiming that the boundary runs through that wall so we couldn't out anything on "his side" without prior permission. The scaffolders have already planned it that any piping will be on the wall or within our property without overhang. However the neighbour has been difficult from the very beginning and will complain about everything and likely to throw up a fuss. Anyone who has come into contact with him whether internal or external say he is the most petty person they have come across. Despite this opinion, does anyone have any further advice on how I can navigate this problem, particularly legal rights. The obstruction and hinderance is having a knock on effect on other things which is delaying the work even more, which isn't in anyones best interest. Any advice would be appreciated.  Thanks.

stragglebod

You've no right to trespass on your neighbours property for the purposes of building an extension, only maintaining the existing property. So it all boils down to a matter of fact as to where the boundary actually is.

You've really brought this on yourself by just going ahead and doing it without speaking to your neighbour first.

AskAsk

the party wall is divided into two so you have the right to put the poles on your half of the wall.  the projection may go over to his half but yes, he is very petty.  we even allowed our neighbours to put the scaffold on our land.

it would have been better to discuss with him before the work started, or to notify him that scaffolds will be going on the party wall but will not stay there for long.  if you could give him a timescale of how long the scoffold will need to stay on the party wall, that may help.

what would he do, if the scaffolds were to protrude into his land?  would he dismantle it?  i think unlikely as then he would be liable for any injury caused if he tampered with the structure.

williamgriffin

AskAsk said:

the party wall is divided into two so you have the right to put the poles on your half of the wall.  the projection may go over to his half but yes, he is very petty.  we even allowed our neighbours to put the scaffold on our land.

it would have been better to discuss with him before the work started, or to notify him that scaffolds will be going on the party wall but will not stay there for long.  if you could give him a timescale of how long the scoffold will need to stay on the party wall, that may help.

what would he do, if the scaffolds were to protrude into his land?  would he dismantle it?  i think unlikely as then he would be liable for any injury caused if he tampered with the structure.

Is it a party wall and therefore subject to a party wall agreement?

AskAsk

williamgriffin said:

AskAsk said:

the party wall is divided into two so you have the right to put the poles on your half of the wall.  the projection may go over to his half but yes, he is very petty.  we even allowed our neighbours to put the scaffold on our land.

it would have been better to discuss with him before the work started, or to notify him that scaffolds will be going on the party wall but will not stay there for long.  if you could give him a timescale of how long the scoffold will need to stay on the party wall, that may help.

what would he do, if the scaffolds were to protrude into his land?  would he dismantle it?  i think unlikely as then he would be liable for any injury caused if he tampered with the structure.

Is it a party wall and therefore subject to a party wall agreement?

that is true, if there is a party wall agreement.  that could be dealt with in there.

OP - do you have a party wall agreement?

theoretica

The previous owners built a garage with the wall half on the neighbour's land?  Did they used to have a building there too?  It would seem more usual to build up to the boundary but not across it.

Davesnave

theoretica said:

The previous owners built a garage with the wall half on the neighbour's land?  Did they used to have a building there too?  It would seem more usual to build up to the boundary but not across it.

I agree with this. It's up to the neighbour to show this wall extends beyond the boundary onto their land. If they cannot, the implications are obvious. Regardless of the legal aspect, scaffolders will tend to do what those paying them ask for, so long as it's safe, and very few individuals will interfere with scaffolding when it's above their heads!

dogshome

Unlikely that this Garage was built with it's outer wall actually on the boundary - Unless that is an agreement was made with the then next door neighbor

Our neighbors extended their lounge, and at my suggestion they built up to the boundary because if we were to were to have the same extension, there would be a 12" gap between the builds which would trap damp and be impossible to maintain.

We both put this in Writing, which came in handy when 6 years later with new neighbors, we built our extension adjoining theirs.

From the OP's post it's a fair bet that the boundary is the outer face of the wall facing the neighbor - only if scaffolding poles overhang the wall on the neighbors side, does he have justified complaint

 

welshmoneylover

Offer cash as a way of compensation, you may find he starts grinning and back off 

AskAsk

welshmoneylover said:

Offer cash as a way of compensation, you may find he starts grinning and back off 

this is always a good way to win neighbours over.  i find if you give them christmas gifts every year it helps.  doesn't have to be much, just a box of chocolates or a tin of biscuits can go a long way 

when we let our neighbour put the scaffold on our land, they gave us a box of belgian chocolates from M&S which i thought was very kind of them as we didn't expect anything at all.

Davesnave

AskAsk said:

welshmoneylover said:

Offer cash as a way of compensation, you may find he starts grinning and back off 

  i find if you give them christmas gifts every year it helps.  doesn't have to be much, just a box of chocolates

Ah, we went half way with the neighbour who impeded our family's build by refusing to have scaffolding. We offered him the box, but he wouldn't get in it!

The end of the story was somewhat different. After 4 years of looking at the wall built overhand from our side, the neighbour pleaded with us to erect scaffolding and finish it with nicely applied rendering. We did....eventually.