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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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Hi Our neighbours are getting some work done to the front/back

Resolved Question:

Hi
Our neighbours are getting some work done to the front/back of the their property (council).
We received a letter advising us of the work on Friday and the work commenced today.
They have erected scaffolding over the boundaries our property and there is dust and debris in our garden. We have puppies that are in the garden during the day so it is quite dangerous with falling debris.
Is there anything we can do to stop the work? Surely they need to give us more notice to make arrangements?
Thanks
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 :

If you own the land, and in the absence of an easement the neighbour can not put anything on your land without your permission. If you are the tenant the same may well be true but the terms of the tenancy may well inlude a clause allowing the landlord to carry out work.

Customer:

So the defination of 'put anything on you land' would include breaching boundaries? Even if the scaffolding is not actually touching my property?

Customer:

Are there any Acts that can used to stop this work? Party Walls Act, Tresspassing act?

Customer:

I own my property and surely therefore they would need my written consent before any works were to take place? Other than the lack of notice is any other reason that they would adhere to stopping the work immediately? I have spoken to the contractors and teh house asscoiation but they are blaming each other.

LondonlawyerJ :

What work are they doing? The Party Walls etc Act may be activated as may the law of trespass. If you tell me what work is being carrie dout I may be able to help you. I was in court his morning and unable to respond to your earlier reply until now.

Customer:

I havee not be given the exact works that they are doing. In the letter that I recieved the outline was 'works may include roof works, renewal of fascias, soffits, guttering, downpipes, brick work and fence works'. I have attached the letter.

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Customer:

I have now also sent through a letter of compliant to the Housing association and Contractors.

LondonlawyerJ :

So they are repairing your neighbours roof? It seem this is not a Party Wall situation. In the letter they say they will put the scaffold on shared land but on what you say this is wrong and it is placed on your land. They have no right to do this. But practically there is little you can do unless they require access via your property to do the work. You will be entitled to compensation for the inconvenience caused by the work but this is unlikely to be much.

Customer:

I thought as much to be honest. But I would have thought that having scafolding over my house boundary would be offically 'tresspasssing' but as it is not touching the property or errected on my land all I can do is ask them nicely.

Customer:

Thanks for you help

Customer:

is there any research that I could do to ensure that this doesn't happen again?

LondonlawyerJ :

I think that they are trespassing in the technical sense if they are overhanging your land but in reality it is a technical breach unless there is some loss or harm caused to you. I am afraid that apart from complaining to whoever has commissioned the work there is not much you can do.

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