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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Ours being a terraced house, our neighbour's appointed construction

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Ours being a terraced house, our neighbour's appointed construction company, in course of construction, has put up scaffolding part of which has encroached on our property on the roof and balcony, without our knowledge or permission, and at a time when we were away, and in order to do this, they have performed unauthorized entry to our property. This is Trespassing and Continued Trespassing - what legal and other redress do we have and can pursue, also in terms of compensation?
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.May I ask what work is being carried out please - are they building an extension or carrying out work to the existing house?If they are extending are they excavating or building along the boundary line?If they are carrying out work to the existing structure, are they carrying out any work to any wall dividing your properties?
Customer: replied 1 year ago.

Hi,

In response to your questions;

Basically, they are demolishing the existing structure (house) and building up again, including the frontal facade, which is where the Scaffolding runs across, and the portion on the side along our common wall on our roof, is where the Scaffolding is encroaching on our property

.

Expert:  Joshua replied 1 year ago.
Thank you. From what you say they are carrying out work to your divinding wall and the line connecting with your roof. May I ask if they have served a party wall notice on you prior to commencing the work?
Customer: replied 1 year ago.

Yes they have and Party Wall issue is being dealt with separately.

This is a issue of trespassing and continued trespass which could be a criminal act and we would like to know, independently, what our rights are, under the law, and the options available to us.

Expert:  Joshua replied 1 year ago.
Thank you. Could you tell me how the party wall issue is dealt with separately. You are right in what you say but the two issues are linked. Have you given consent under the party wall notice or has a party wall surveyor been appointed?
Customer: replied 1 year ago.

As mentioned, everything under terms of Party Wall Act, Notice, appointment of Surveyor has been done.

What we want is what they call in the medical language, 'Second Opinion' from yourselves, and that relates purely to Trespassing and Continued Trespass, (as detailed above), and what line of action is open to us for BO Contractor's removal - separate the two issues!

Expert:  Joshua replied 1 year ago.

Thank you for the above. The position as you quite rightly says that the neighbour has no right to enter onto your land or play scaffolding on your property without your permission subject as follows.

however, the reason I asked about whether the neighbour has complied with the party Wall act provisions is that there is a right of access contained within the party Wall act for the purpose of carrying out party wall works. If the neighbour has served notice upon you under the party Wall act and you consented to the work, the neighbour has a right under the provisions of the party Wall act to erect scaffolding on your land only so far as it is necessary in order to carry out the works notified. If you did not consent to the work but rather a party wall surveyor was appointed in order to prepare a party Wall award, then access to your land may or may not be provided by that party Wall award. If there is provision for access to your land under the party Wall award prepared by the surveyor, then the neighbour has a right of access to the extent provided for by the award. If there is no right of access, you can the first instance revert to the party wall surveyor to take action in respect of the neighbour or failing which, you can serve notice on the neighbour to remove the scaffolding and make good your land or advise that you will consider obtaining a court order together with costs requiring them to remove the scaffolding.

the same position would be true if no party wall notice had been served in this case (though I understand that is not the position from what you say) whereby you can serve notice on the neighbour to remove the scaffolding on the grounds of trespass and if necessary, apply to the court for an order for its removal and the making good of your land.

In order to apply to the court for removal of the scaffolding, having first served notice on your neighbour and contacted the party wall surveyor, you can apply using the following form:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424

I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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