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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbours have had scaffolding erected over my garden to

Resolved Question:

My neighbours have had scaffolding erected over my garden to enable a new loft extension to be built onto their house. I have concerns as to my safety and that of my pets. They did not ask my permission or even give me prior notice about the scaffolding. Can I force them to remove it? If so, will I be able to recover my legal costs in full from them?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.When you say over your garden, is it on your property?Alex
Customer: replied 1 year ago.
It is actually my sister's property; the flank wall of the next door house abuts directly with my sister's rear garden; scaffolding has been erected to the front and rear of the next door house with a return lift of scaffolding cantilevered at a height of about 12 feet above my sister's garden. It is not on my sister's garden, it is in the air above my sister's garden. It is still being erected.
Expert:  Ash replied 1 year ago.
Ok - then they need permission because she also owns the airspace above it. However the fact they are neighbours complicates things as she may want to keep it civil.She can ask them to stop or seek an injunction to prevent them doing any more. She would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfShe can get an emergency injunction to stop. Or she may wish to have dialogue as she needs to live with them.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
If she were to apply for an injunction, would she be able to claim her legal expenses from her neighbours?
Expert:  Ash replied 1 year ago.
Yes she would be able to
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.
Expert:  Ash replied 1 year ago.
Most welcome