Neighbours need to put scaffolding in my garden

Beeblebr0x

WIAWSNB said:

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

An unpopular opinion here, but what I regard as inconsiderate is people imposing on their neighbours by expecting them to put up with scaffolding on their land. 

If they can't build an extension without having scaffolding next door, then they should revise their plans. Obviously maintenance is a different issue.

Section62

Beeblebr0x said:

WIAWSNB said:

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

An unpopular opinion here, but what I regard as inconsiderate is people imposing on their neighbours by expecting them to put up with scaffolding on their land.

If you buy a semi-detached house it would be fairly unrealistic to think the attached neighbour would never need access via your land (or scaffolding on it) in order to carry out maintenance of their half of the building.

What matters is that the workers can do what they need to do on the roof, and do so safely - the scaffolding is the safe means of access which makes it more likely they will go home to their family at the end of the day.  Objecting to that could be thought of as rather inconsiderate too.

Beeblebr0x said:

If they can't build an extension without having scaffolding next door, then they should revise their plans. Obviously maintenance is a different issue.

AIUI the extension is at the opposite end of the house - the need for scaffolding on the OP's land relates to work on the roof, presumably the neighbours are having the whole roof redone while the builder is on site and doing work on the roof anyway.

I have little doubt a court would consider this to be maintenance, even though an extension is being constructed at the same time.

TELLIT01

The neighbours have found a way to get the scaffolding in place by using the laws on access in their favour.  Either clever people, clever builder, or clever legal advice.  How they have done is really isn't important.  What is important is that the OP accept it's a battle they aren't going to win.  There have been many cases in the press recently where people have pursued a claim to court 'on principle and ended up thousands of pounds in debt.

I agree with the OP that there should have been contact from the neighbours rather than a builder just turning up and telling them what is going to happen, but that doesn't change the underlying advice.

Beeblebr0x

Section62 said:

Beeblebr0x said:

WIAWSNB said:

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

An unpopular opinion here, but what I regard as inconsiderate is people imposing on their neighbours by expecting them to put up with scaffolding on their land.

If you buy a semi-detached house it would be fairly unrealistic to think the attached neighbour would never need access via your land (or scaffolding on it) in order to carry out maintenance of their half of the building.

What matters is that the workers can do what they need to do on the roof, and do so safely - the scaffolding is the safe means of access which makes it more likely they will go home to their family at the end of the day.  Objecting to that could be thought of as rather inconsiderate too.

Beeblebr0x said:

If they can't build an extension without having scaffolding next door, then they should revise their plans. Obviously maintenance is a different issue.

AIUI the extension is at the opposite end of the house - the need for scaffolding on the OP's land relates to work on the roof, presumably the neighbours are having the whole roof redone while the builder is on site and doing work on the roof anyway.

I have little doubt a court would consider this to be maintenance, even though an extension is being constructed at the same time.

I did say maintenance is a different issue.

GDB2222

This is probably an empty threat to bring court proceedings. But it could become very expensive in legal fees for both sides, and it is best avoided. You would definitely need legal representation, so you would be looking at fees of £5-10k, say. More if there are expert witnesses instructed. You would typically get 70% back if you win, but have to pay 70% of the other side's costs if you lose. It’s possible to get urgent actions moved to the front of the queue, but I’m not sure this case would be prioritised. If not then the neighbours are truly screwed, because the usual wait for a hearing is several months.

GDB2222

What I would do instead is have a formal agreement in writing. I would allow them the scaffolding free of charge for a reasonable period, with a hefty daily charge (£50 perhaps) if they go over that period. And double the daily charge if they leave the scaffolding up after the work is finished. They are pretty desperate, so they may well agree to that. Whether they will pay is another matter, so keep the charges down to a level that is reasonable. You should aim to encourage them to get on with the work, rather than aim to bankrupt them!

Grenage

My mother in law had a similar I issue.  Her neighbour spent over £20k in legal costs and access was granted anyway. 

The OP is likely on a hiding to nothing.

WIAWSNB

Ivy, please please please just say, "Ok, then. But please do your best to ensure it's removed as quickly as possible."

Please do this. 

You will look back on this at some point when your life has got back on track, and be glad you did. 

Sincerely - best wishes with your current difficulties. But your neighbour is not one of them. 

Bigphil1474

Could I just say that the OP has had tons of good advice on another thread on this issue, so it doesn't seem worth giving them more. 

Boohoo

It might just be me but why have the last 10 or so posts all have edited at 10:57 AM next to them?