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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to have a scaffold erected on my neighbors land for

Resolved Question:

I need to have a scaffold erected on my neighbors land for a period of approximately 3 weeks to enable a builder to finish a loft conversion.
What are my obligations and rights ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please confirm that the conversion is a new build ?
Customer:

It is a loft conversion of an existing property.

Customer:

so not a new build.

Alex Watts :

Is the conversion of the loft new, or is it maintenance of an existing one?

Customer:

The house has always had a loft. I am in the process of getting this previously un-useable loft space converted into

Customer:

useable loftspace with dormers.

Customer:

This is a new project. Whether a loft conversion is "maintenance" off already existing space, or creation of new space is probably open for discussion.

Alex Watts :

Ok, this clearly is an issue.

Alex Watts :

In short if its a new space then you cant demand scaffold be erected. You are at the mercy of the neighbour

Alex Watts :

If its maintenance of an existing structure then your neighbour cant refuse access and scaffold.

Alex Watts :

If the neighbour does then you can get a Court order permitting access

Alex Watts :

However based on what you have said it appears to be development of an existing strucure.

Alex Watts :

* structure &

Alex Watts :

Therefore it would not be maintenance but development.

Alex Watts :

If it had been for repointing or repair of guttering you would be ok under the Access to Neigbouring Land Act

Alex Watts :

But that is designed for maintenance rather than development

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

can I clarify anything for you about this today please?

Ash and other Property Law Specialists are ready to help you