Scaffolding dispute with the neighbour

Rosba

Hi I was wondering if someone can confirm our neighbour has ground to ask for a compensation about an overhanging scaffolding on his roof.
We are carrying out an extensive renovation to an old house, which we bought a year ago and it was in total disrepair.
We never had intention, let alone finance to do any work to the roof.
Unfortunately we had a leak, which we tried to repair, we had a couple of roofer confirming that we needed a new felt and tiles to the entire roof, or at least to the front of the house. On this occasion we erected a small scaffolding on our land and as a metter of courtesy we let the neighbour know.
We then decide to renovate only the front of the roof, to contain the costs. In the meantime the leak had become worse. 
Our contractor didn't give us much notice on the day they were going to put the scaffolding up, only 2 days, however we wrote to the neighbour immediately apologising and explaining the situation. On the day the scaffolding was being erected, we received a threatening email from the neighbour, demanding to take down the scaffolding as it was overhanging their property and that they would have sued us for trespassing. Furthermore they doubted the nature of our work, saying that we needed a party wall agreement, because judging from the size of the scaffolding we were going to build an extension, which we were not. They copied both party walls surveyors, which we used for party wall agreement for the ground floor. We explained the situation to our party wall surveyor, who explained the situation to the neighbours surveyor, who explained to the neighbour. We have then carried out the repair and renovation work of our roof and taken down the scaffolding after 10 weeks, We haven't heard from the neighbour during this time. The day after the scaffolding was taken down we receive a letter from their solicitor demanding to take down the scaffolding (which was not there anymore) and to pay compensation and legal expense to the neighbour. 
Have they got the right to ask for compensation, considering that it was an urgent repair and the scaffolding had already been taken down by the time we received the letter?
We asked a quote to a solicitor and it would be £750 only to reply to them.
If they have the right to ask for such a compensation, I'd rather agree a sum with the neighbour and avoid spending money in legal advice.
The neighbours have been hostile since the day we got the house keys and knocked on their door to introduce ourselves (family of 4), still we do not comprehend why. This is only one of the many really petty things that they have done to us. Just to give you an idea of the character, one day he made his way in our property (the builder let him in, but he said that to stop him he would have had to touch him and he didn't want to get into trouble) to put rat poison in our garden. He never asked permission, but also we never complained as all we want is to finish the works and move in.
Apologies for the length of my message.
Thanks in advance to those who will reply.

Doozergirl

No, they can't ask for that.  Just ignore it.  Pretty much all of us have the right to access neighbouring property for essential maintenance works.   Neighbours aren't allowed any compensation for that.  You dod the right thing by telling him and apologising.  

As you've discovered, solicitors are expensive to point that it will be prohibitive for your neighbour to pursue anything seriously - solicitors will also tell people
if they're on a hiding to nothing but will write a threatening letter for them just in case it works.  

It just sounds like your neighbour just isn't very nice.  That does not make him right.  

FreeBear

Doozergirl said: Pretty much all of us have the right to access neighbouring property for essential maintenance works.

The right of access is contained within the Access to Neighbouring Land Act 1992 - Perhaps a short letter to their solicitor suggesting that he (she) reads up on that piece of legislation. Write the letter yourself rather than paying another solicitor to do it for you. It will cost the neighbour £150-250 for the privilege.

Section62

FreeBear said:

Doozergirl said: Pretty much all of us have the right to access neighbouring property for essential maintenance works.

The right of access is contained within the Access to Neighbouring Land Act 1992 - Perhaps a short letter to their solicitor suggesting that he (she) reads up on that piece of legislation. Write the letter yourself rather than paying another solicitor to do it for you. It will cost the neighbour £150-250 for the privilege.

Worth pointing out that the above legislation doesn't give anyone the right to just enter a neighbouring property - you first have to apply to a court for an order.

Also, that there may be maintenance access rights contained within covenants in addition to any statutory rights.

Keep_pedalling

The worse they can do is to take you to the small claims court, but if they have suffered no financial loss they have nothing to claim for. The SCC is designed to avoid the use of expensive legal professionals so they can’t claim anything they have spent on their solicitor.

Most neighbours would be happy that the next door property has been put into good repair, but some people are just total idiots.

Bendy_House

Hi Rosba.

Wow! Well, at least you know what your neighbs are like - a bit dysfunctional, by the sounds.

You, of course, continue to be the perfect neighbour :-)

I wouldn't simply ignore that letter, but check it carefully to see if a 'response' is required - if you don't, then there 'might' be a risk of 'losing' by default, ie by you not responding. It all depends on what 'stage' this letter is at. I suspect this won't be the case, but all I'm suggesting is that it isn't always best to 'ignore' such letters, but to respond appropriately.

This won't need a solicitor from you, but if you do have Legal Protection on your house insurance, call them up for 'advice' only - they should guide you. If you don't have LP, then add it to guard against future 'stupids'.

Obviously, we don't know what is in that letter, but if you did want to post a redacted version (for confidentiality), then there are some well-informed folk on here who I'm sure could advise. It might just take a one-sentence reply, for example. Or even none at all.

On the matter of whether this neighbour has a 'case', clearly that's a no - especially since t'orse has bolted. What an opportunistic twit, tho', and what a sh***y solicitor to try and entertain such a thing. Yuck.

But, beeeeg smile when you see them. By all means express your disappointment and astonishment at what they've done; ask them nicely what - exactly - their 'issue' was? What was their 'loss'? Why did this bother them? Make them squirm if they are capable, and you do that with a puzzled expression coupled with a smile - "Honestly, I'm trying to understand what would have prompted you to do this? How did this impinge on you...?" etc etc.

And add that you hope they did not spend too much on their solicitor...

Beeeeeg smile.

greenface2

On the day the scaffolding was being erected, we received a threatening email from the neighbour, demanding to take down the scaffolding as it was overhanging their property and that they would have sued us for trespassing . 
BUILDING A PICTURE HERE . So the scaff was in your garden /land but overhanging over theirs . Was any damage done to their garden or property . did it prevent them from using their garden / land . You've informed them . they didn't refuse . They've presumed wrongly you are building what your'e not .Not a billy boo and sounds like an angry chancer .

ryan7

Despite the fee, their solicitor must feel embarrassed drafting up these letters.

Shaqui

I have a similar issue where the next door neighbour in our terraced block of maisonettes has put up scaffolding at the back but part of it overhangs, meaning anyone standing on it can effectively stand right outside one of OUR bedroom windows and just look in!

We don't have curtains up at the moment (pending replacement) so I see this as a major breach of privacy for myself (it's my bedroom) and my lodger (who was at home when it the scaffolding went up, but who was not informed - and neither was I!)

Any suggestions if this is a breach of boundary/building laws, please?

greenface2

SHAQUI can the scaff be avoided . Does it need to be outside yours too . Can they put up a guard to prevent access to your side . could they still see into your bedroom from their side stood on their side . can you not put up curtains or something to stop this if it isn't avoidable 

Doozergirl

Shaqui said:

I have a similar issue where the next door neighbour in our terraced block of maisonettes has put up scaffolding at the back but part of it overhangs, meaning anyone standing on it can effectively stand right outside one of OUR bedroom windows and just look in!

We don't have curtains up at the moment (pending replacement) so I see this as a major breach of privacy for myself (it's my bedroom) and my lodger (who was at home when it the scaffolding went up, but who was not informed - and neither was I!)

Any suggestions if this is a breach of boundary/building laws, please?

It doesn't breach any building laws and it certainly isn't a boundary issue.  It's acknowledged that people do often need the easement to allow maintenance on their own property from next door.  

If people need scaffolding, they need it up. The fact that you're in a terrace does mean that it is possibly going to be on your side depending on what they need to access and how accessible it is for them.  

 

I can understand your privacy issue but it's solved by talking with the builders to see if there's any way they can alter the scaffolding to solve the privacy issue, 
failing  that, with a sheet or some curtains borrowed from someone for the moment.  

Yes, they should have spoken to you but it doesn't change an awful lot. It is temporary.