We need to erect scaffolding for 3 months to replace a roof. The poles will be sited on our land but the scaffold will overhang the neighbour's garden by 400mm at a height of 2 metres. The neighbour will not permit the overhang. Does she have a legal right to stop the scaffolding overhanging her garden? It is impossible to carry out the work without the overhang
rights to overhang a neighbour's garden
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stonedrose1
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As far as I'm aware, they own the land not the airspace above it.
I've just checked with someone who knows and the law is clear on this point. It is trespass even in the airspace so if she is minded to (and she is) she can take out an injunction to stop the scaffolder trespassing in her airspace. Its great having nice neighbours!! The scaffolder is looking at an alternative configuration to avoid straying into her airspace. Thanks everyone I have the answer now - don't like it but its the law.
numbnuts
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I thought by law everyone has access to maintain there property,by means suitable.there again,why cant you put shorter tube in on bottom lift,im sure we aint seen anybody bang there heads on the second lift trannys yet.
I'm sure the neighbour thinks that the overhanging scaffold is going to create a lot of dust, debris etc in their garden. Go round with your builder and explain that it will have brick guards, polythene on the boards to stop dust falling etc. Take a bottle of wine or two. Once it's explained properly hopefully they'll allow it.
Havespannerwilltravel
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It would be nice if the neighbour appreciated your problem and let you carry on with your work. Did you ever consider offering payment for any inconvenience caused?
It always surprises me that people don't first offer fiscal remuneration. I have found that if people offer money the other party often just say "Go ahead don't worry about it."
It always surprises me that people don't first offer fiscal remuneration. I have found that if people offer money the other party often just say "Go ahead don't worry about it."
Good post longun, not far from the truth in my experience.
People do have a right to maintain their own property and the scaffolder has a duty to do the job right and not only protect the work being done, but the angle of the fall should someone take a tumble from the ridge of the roof. You also have to consider head protection for the neighbour and they have to consider the day they want a favour and need scaffolding put up on their roof. We are coming to the end of a good contract, insulated render works for the local housing association. The site manager told us the neighbour of last block to go up would not let us in her garden despite the fact they were getting their chimney head done for nothing as you can't fix half a chimney. After a bit of discussion and pleasantries were exchanged, she agreed to let us in at the front as long as we cantilevered the back to prevent any debris falling on her property.
Should this fail, refer to longun's post and you won't go far wrong.
People do have a right to maintain their own property and the scaffolder has a duty to do the job right and not only protect the work being done, but the angle of the fall should someone take a tumble from the ridge of the roof. You also have to consider head protection for the neighbour and they have to consider the day they want a favour and need scaffolding put up on their roof. We are coming to the end of a good contract, insulated render works for the local housing association. The site manager told us the neighbour of last block to go up would not let us in her garden despite the fact they were getting their chimney head done for nothing as you can't fix half a chimney. After a bit of discussion and pleasantries were exchanged, she agreed to let us in at the front as long as we cantilevered the back to prevent any debris falling on her property.
Should this fail, refer to longun's post and you won't go far wrong.
IDH
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You have a legal right to do the work and they have a legal right to object.
This all comes under partywall agreements. You'll need a partywall surveyor who can draw it all up and as long as you go through the process they cannot stop it - but you may have to compensate them and it might take a long time etc and as this is all done on hourly rates, just like designers, it might be quicker and cheaper to do what Longun says...
This all comes under partywall agreements. You'll need a partywall surveyor who can draw it all up and as long as you go through the process they cannot stop it - but you may have to compensate them and it might take a long time etc and as this is all done on hourly rates, just like designers, it might be quicker and cheaper to do what Longun says...