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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I have a plot of land with planning permission to build myself

Customer Question

I have a plot of land with planning permission to build myself a new house. The house will be built 200mm away from the neighbours garden boundary. i have a party wall agreement with my neighbour, but not for any scaffolding. I would require scaffolding to construct the gable end wall of the new house as it would be difficult to build overhand.My neighbour is reluctant for me to place any scaffolding in his garden. If i build overhand ,say up to 3meters high, can i form a overhanging scaffold above that hight. do's my neighbour own the air space above his land, if so how hight. The scaffolding would not be near any of his building, it is only garden.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
What are the details of the party wall agreement?
Customer: replied 3 years ago.

To allow the construction a dwelling 200mm away from his boundary


and to make good any damage that may be required to the boundary after construction.

Customer: replied 3 years ago.

To build within 200mm from his boundary wall

Expert:  Stuart J replied 3 years ago.




The question is v common. He owns the airspace "up to the heavens". http://en.wikipedia.org/wiki/Cuius_est_solum_eius_est_usque_ad_coelum_et_ad_inferos

Although you can erect scaffolding on his land (under access to
neighbouring land act) for maintenance you cannot for new build. The same applies to
a cantilever scaffold. You must have his consnet. If he simply refuses, you
have no cause of action and have to rejig your plans or offer him money.



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