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propertylawyer
propertylawyer, Solicitor
Category: Law
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Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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Our neighboroughs would like to erect the scaffolding in our

Resolved Question:

Our neighboroughs would like to erect the scaffolding in our garden in order to repaint the windows, gutters and do some repairs to the roof. They said that they intend to start on 15 July. We replied that we don't want the scaffolding in our garden over the (short) summer, because it is the only time that we can quietly enjoy the garden and we suggested an alternative date: October this year. We have just been told that they are still planning to go ahead on 15 July 2016.
Is there anything we can do to make sure that they do it when it suits us rather then them?
Thank you. Ivana
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Ivana

Thanks for your question.

On the basis that you own the garden land your neighbour cannot put scaffolding on your land without your express consent. If it does so it is trespass.

If you do not own the garden, e.g you are a tenant, then the neighbour can get consent from your landlord which will override your wishes.

If you refuse the neighbour can get a court order under the access to neighbouring land act.

I hope this helps. Please rate/accept my response.

Customer: replied 1 year ago.
Hello again,
I would like to know about the time scale. If they ask our permission and we disagree on the date, how long will it take to get a court order? ( and what happens if they just send the scaffolders to erect the scaffolding while we are not around?)
Can the court order force us to have the scaffolding in our garden over the summer, or will they accept our suggested date? Thank you.
Expert:  propertylawyer replied 1 year ago.

Hi

It is difficult to comment upon time as it can vary in each instance.

You may be given the opportunity to put forward submissions to the court.

The court will not grant an order if doing so would interfere with your rights to enjoy your land or cause hardship.

If the court makes an order then you must comply with it even if during a time in which you do not want the scaffolding on your land.

Kind regards

Customer: replied 1 year ago.
Thank you.
Expert:  propertylawyer replied 1 year ago.

Thanks Ivana.

I hope my answer has been helpful. Please can I ask you to take a moment to accept /rate my response so that I receive credit for helping you today, many thanks.

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