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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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I am building an extension with a gap of 1 metre between the

Resolved Question:

I am building an extension with a gap of 1 metre between the new building and my neighbours land, she has said that we cannot put the feet of the scaffolding poles on her land, which is fine as we have the metre of our land to place these on but when we get up to first floor level can we angle to scaffold out so that it hangs over her land at about 2.5 metres height whilst we build the second storey and roof?
Thanks
Tim
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

The short legal answer is that you can not do so. She owns her land and the space in a column above it.. To encroach over her boundaries would be to use her property without her permission. I take it that you and your neighbour do not get along very well.

Customer:

Originally she said there would be no problem but once we started the build she said we could not put anything on her land, we have tried to reason with her but as of today she still says no

LondonlawyerJ :

There must be a doubt about what she could do about it if you dd erect this scoffold. Barring drastic direct action she would not have any practical legal remedy. She would not be able to get a court order requiring you to remove the scaffold (even if she did it would take quite a while to get). Her legal remedy would be compensation for you encroaching on her land. Not very much money I owuld suggest.

LondonlawyerJ :

If she is just saying that she doesn't want you to put anything on her land could you reasonably interpret that, in the context as a whole to mean that she just doesn't want you touching the ground on her side? Possibly you could.

Customer:

Ok so from the absolute legal aspect we should not do it, but if we did we may have to pay some compensation if she took it to court but otherwise it would be difficult for her to stop us as long as we did it carefully and heart none

LondonlawyerJ :

That is right. But sometimes builders walk off site at the first sign of a dispute like this.

Customer:

No ours is fine about this as he is a small builder and is happy to go ahead as long as we take the responsibility

Customer:

Thanks for your help regards Tim

LondonlawyerJ :

That is OK. I would be grateful if you wold rate my answer.

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