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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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My neighbour intends constructing a two story side

Resolved Question:

my neighbour intends constructing a two story side extension,which will be on the boundary line with my property,can he erect scaffold on my land when I have refused permission in writing
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Please reply to my email address ***@******.*** Can't wait any longer been on line now for almost an hour
Expert:  F E Smith replied 1 year ago.

Section 19 of the Party Act 1996 allows anyone who wants to build up to the line of junction to give notice of that (2) and if you don’t consent to it straddling the junction,(4) he may only build up to the centre line

http://www.legislation.gov.uk/ukpga/1996/40/section/1

Section 8 however (1) allows him “during usual working hours” to enter and remain on the land for the purposes of any work required under the act.

http://www.legislation.gov.uk/ukpga/1996/40/section/8

Hence, on a strict interpretation, he can go onto your land, with scaffolding if necessary but only during the day which, from a practical point of view means he would have to remove it at the end of the day.

If he decides to just put scaffolding on your land without consent, you can make an application to court for an injunction to get it removed.

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