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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 285
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My neighbours had scaffolding erected in my front and back

Resolved Question:

My neighbours had scaffolding erected in my front and back gardens in order to get their house painted without prior consultation never mind request for permission. I came home one night to find a scribbled note in my letter box saying it was there so their house could be painted. The scaffolding in the back garden is still there two weeks after the work has been completed. I have asked when the scaffolding is coming down and they seem unsure. I said if it wasn't soon I would be charging rent as the scaffolding went up without prior discussion never mind permission. They tried to dismiss me as if I was some naughty child so there were words. I am a widow, which they know, I feel vulnerable and would like to know what my legal position is, not that I plan to take further action necessarily as the deed is done but just for the security of knowing where I stand.
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi

Without your consent, the scaffolding erected by your neighbour is trespass.

Your neighbour should have obtained your consent.

However, if you did not consent your neighbour may have been able to get a court order to erect the scaffolding under the access to neighbouring land act.

However the court order would have specified conditions in respect of the scaffolding.

Now the scaffolding represents a trespass.

If your neighbour refuses to remove within a reasonable time, evict it has done, you csn apply to court for an order/injunction fir it to be removed forthwith. As part of your application to court you can claim your costs/expenses incurred but there is no guarantee that you will be awarded costs.

Any questions or queries?

Happy to assist further.

Please can I kindly request that you accept /positive rate my reply otherwise the website will not pay me for assisting you. Many thanks.

Customer: replied 1 year ago.
Thank you. It is as I suspected. However, I don't understand what you mean when you say, 'evict it has done'. Can you please clarify? Thank you.
Expert:  propertylawyer replied 1 year ago.

Sorry, that part went wrong. Think the predicted text took over.

What I was trying to say is that your neighbour has not removed the scaffolding within a reasonable time so therefore you can apply to the court.

Expert:  propertylawyer replied 1 year ago.

Hi

Do you have any further questions or queries?

Please can I remind you to accept /positive rate my reply otherwise the website will not pay me for assisting you. Many thanks.

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