Hello I am a solicitor with over 15 years experience. I will try to help you with this.
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.
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
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.
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.
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
That is right. But sometimes builders walk off site at the first sign of a dispute like this.
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
Thanks for your help regards Tim
That is OK. I would be grateful if you wold rate my answer.