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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My next door neighbour has allowed their builder mot place

Customer Question

My next door neighbour has allowed their builder mot place a scaffold platform across my property with a support on my roof without my permission. They must have entered the garden over the wall to gain access to place the support. Is this trespass and what can I do to get it removed. I am claustrophobic and I can see the platform from by bed and it is distressing me causing me to lose sleep and I slept on the sofa.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you asked the owner to remove it please?
Customer:

I have spoken to the owners of the house and asked them to have it removed. They claim they have been unable to contact either the builder or the scaffolding contractor. I have emailed the builder and written to the owner who have written back to me.My email to the builder and my letter to the owners have also asked them to remove the scaffold as soon as possible. I can attach the letter if required.

Alex Watts :

You

Alex Watts :

If the neighbour refuses to remove it you need to get an injunction.

Alex Watts :

You will need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court will then list the matter for a hearing and decide whether to make an injunction

Alex Watts :

You may be able to get a Solicitor, unlikely on legal aid because of the changes

Alex Watts :

If you have to pay a Solicitor and win, you can also ask for costs

Alex Watts :

But you can get an emergency injunction, ie Monday even though it is bank holiday

Alex Watts :

If the neighbour refuses to comply he would be in contempt of Court and could be warned, fined, or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your advice they have removed the offending scaffolding. There is still a platform but it is no lover supported on my roof.
Expert:  Ash replied 2 years ago.
Good news.

Alex

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