Right of Way Scaffolding

VA2020

Hi all,

I own a house with a side alley (the side alley is mine) which 3 neighbours have a right of way to access.

I have had no roof on the back of my house for a month because of woodworm. The workmen need to unfortunately block access for 5 days down the alley to complete the roof, two neighbours are very accommodating. There will be no access at all during this time. 
I have offered to take all their bins to the tip as they can’t take them out that week etc. 

The third neighbour isn’t having any of it, he said he won’t allow his access to be blocked. I understand this is difficult but I have been as accommodating as I can be, I don’t particularly want this, but I have no roof and the work needs to be done. Builders offered to talk to him, he won’t accept.

Please can someone advise on what I can do? 

Brie

has the neighbour said why they object?

canaldumidi

So when the scoffolding goes up, what's he going to do? Apply for an injunction ordering you/your builders to remove the scaffolding and re-instate the ROW?

By the time it goes to court, the roof wil be on and the scaffolding removed. And even if not, chances are the judge will grant you a 'reasonable time' to re-instate the ROW.....

GDB2222

I suggest that you go ahead. The neighbour can apply for an injunction to stop you, but the scaffolding will probably be down before the case is heard. And, of course, he probably won't apply for an injunction. He can sue for damages, but he won't be awarded much.

I assume that, apart from the bins, there's no major issues for your neighbours? This is not the only access to their properties?

anselld

Perhaps check with the scaffolders that there is not some way to build over whilst retaining access;  I have seen that done, though presumably at extra expense.

Failing that I would be incined to tell the neighbour it is happening anyway since it is essential work.  You were consulting to provide information, not to request permission.   They are unlikely to get an injuntion before you have completed the work.

VA2020

Thank you both. 

He is just old school and doesn’t comprehend it nor give a reason for objection.
the issue is that someone in the home has very complex emotional needs and in an emergency they have had to access the property via a back window, this was years ago, so now he is very set on side access. I understand but this is unreasonable as well

anselld

VA2020 said:

Thank you both. 

He is just old school and doesn’t comprehend it nor give a reason for objection.
the issue is that someone in the home has very complex emotional needs and in an emergency they have had to access the property via a back window, this was years ago, so now he is very set on side access. I understand but this is unreasonable as well

Surely he can just walk under the scaffolding if he needs access to a back window on foot.  It isnt going to block much at ground level.

VA2020

anselld said:

Perhaps check with the scaffolders that there is not some way to build over whilst retaining access;  I have seen that done, though presumably at extra expense.

Failing that I would be incined to tell the neighbour it is happening anyway since it is essential work.  You were consulting to provide information, not to request permission.   They are unlikely to get an injuntion before you have completed the work.

Thank you, that makes sense. I want to sustain a fair relationship with my neighbours but agree it is essential work & he’s not being accommodating 

build over not possible, pitched roof and scaffolding will start low. Not able to accommodate access via scaffolding 

GDB2222

Your back garden has no gate onto the alley?

Brie

VA2020 said:

Thank you both. 

He is just old school and doesn’t comprehend it nor give a reason for objection.
the issue is that someone in the home has very complex emotional needs and in an emergency they have had to access the property via a back window, this was years ago, so now he is very set on side access. I understand but this is unreasonable as well

so if an emergency happened again access could be possible via one of the other neighbours or yourself?  so not a real issue at all.

i agree with the others - tell him politely you understand his concerns but that it's only for a very short period and you will do whatever you can, within reason, to accomodate but the scaffolding needs to go up.  perhaps he can go on holiday during that time????

VA2020

GDB2222 said:

Your back garden has no gate onto the alley?

It does but that will be covered by scaffolding too. It’s a side gate straight onto the alley