Neighbours need to put scaffolding in my garden

Working_Mum

I'm chiming in with a note of support for your neighbour.

Their request to place a few scaffolding footers on your garden isn't connected to your familial situation at all. They are being reasonable and direct in their approach to you.

I can understand why you feel suspicious given the situation you are in - this is a learned trauma response but the good news is that you can change your responses to situations you find threatening, There are many, many techniques out there.

I divorced a very manipulative and angry ex-partner and during my transition to single-parentness I chose a path of kindness to everyone (even when they didn't deserve it). I didn't want "future me" to have regrets or shame about how I'd treated anyone (particularly if they needed help from me and I had it in my gift to give it). It did wonders for my self esteem and how I lived my life.

It is clear your neighbour is simply trying to get his project completed without delay or financial impact. He is being kind, clear and direct with you and I think you should treat him the same.

Sending big hugs as you've got a lot going on.

((WM))

Newly_retired

It really is not a big deal and nothing to do with the other stress you have going on at the moment. I think you should agree. You don't want a neighbour dispute to mar the sale of your house.

IvyFlood

My neighbours wanted to put scaffolding in my garden as part of their new extension.

I said No.

Now they are saying that their existing roof is leaking and so they will apply for a court order.

Are orders like these just granted or do they investigate beforehand? Cause the act doesn't apply to extensions and I feel they are trying to get round it this way.

DullGreyGuy

IvyFlood said:

My neighbours wanted to put scaffolding in my garden as part of their new extension.

I said No.

Now they are saying that their existing roof is leaking and so they will apply for a court order.

Are orders like these just granted or do they investigate beforehand? Cause the act doesn't apply to extensions and I feel they are trying to get round it this way.

They are not "investigated", that isnt the role of the courts in the UK. The courts will consider the evidence presented by them as the applicant and you as the respondent and make their determination on if to grant the order based on legislation a case law. 

https://www.mishcon.com/news/love-thy-neighbour-guidance-on-the-access-to-neighbouring-land-act looks at a particular case but also talks in general of what the judge will be considering. 

You also wouldnt "appeal" it, you will be the respondent in the case so get to put forward your side of the story to the judge before they make their decision. If you dont like the judges decision then you could appeal that, the linked case is going to the Court of Appeal, but you have to argue permission for an appeal based on errors in law etc not just it didnt go your way. 

Section62

IvyFlood said:

My neighbours wanted to put scaffolding in my garden as part of their new extension.

I said No.

Now they are saying that their existing roof is leaking and so they will apply for a court order.

Are orders like these just granted or do they investigate beforehand? Cause the act doesn't apply to extensions and I feel they are trying to get round it this way.

The court doesn't investigate anything, it will just listen to the arguments put forward by the two sides.  If you want to oppose the granting of the order you would a) need a reasonable argument why, and b) likely pay a significant sum to a solicitor/barrister to argue your case in court, unless you feel up to the job yourself.

"Reasonable" means having some genuine reason why either the order isn't needed, or that granting it would cause you undue harm.  If your only argument is "because I don't want them to" then don't expect a great deal of sympathy from the judge.

The answer to your thread title is that orders like this are generally subject to appeal at a higher court.... but you'd be spending an obscene amount of money to (in all probability) hear the judge say the same thing one did in granting the order in the first place.

Ayr_Rage

Having just read your other topic on the issue 

https://forums.moneysavingexpert.com/discussion/6612724/neighbours-need-to-put-scaffolding-in-my-garden#latest

that runs to 6 pages, I would say to you please don't be so awkward, they need to do it.

What would you expect if the boot was on the other foot?

WIAWSNB

It's not too late to just say, "Oh, alright then."

tetrarch

I assume that you are aware that taking this route will jeopardise your intended future house sale inasmuch as you will have to tick "yes" to the neighbour dispute box

Regards

Tet

Martin_the_Unjust

So you have said no because you have a lot going on and as a consequence you have a lot more going on which is going to cause you more stress?

Do yourself a favour and go and apologise to your neighbour and tell him that it’s fine to do the scaffolding.

That’ll be one less stress to deal with.

TELLIT01

The neighbour who wants to put the scaffolding in the OPs land is using the law to their advantage.  Access is permitted do repair work to a property, but not necessarily to build an extension.  The OP needs to take formal legal advice if they want to continue their battle.  That could be expensive and there is absolutely no certainty that they would win.  Lose and face paying all the legal costs for the other side.  Is it worth the risk?