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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My neighbour erected a scaffold to carry out construction

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My neighbour erected a scaffold to carry out construction works on 20th June that is invading my property. He did not ask for permission and when it was being erected I asked them verbally please to stop as I was not consenting to it. 
There's been damage on my roof because of this.
I've been asking them directly and through my party wall surveyor to take it down and they completely have ignored my request.
I understand in these situations, normally neighbours enter into a scaffold licence, with a rent payable and liquidated damages should timescales be breached. I've been requesting this but they have not agreed nor responded so far.
What can I do? I am happy to enter into litigation. I will appreciate your advise and how to proceed to with this.
Many thanksMarta
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Not yet - I don't have any legal adviser
JA: Where is the property located?
Customer: London N13 4HJ
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think my previous message explains pretty much everything

Hello, my name is Jim and I am a qualified lawyer happy to help you today. I am typing out your answer.

Your neighbour may have rights under the Access to Neighbouring Land Act 1992. This law enables the court to grant an applicant (your neighbour) a temporary right of access in order to carry out basic preservation works , in other words, work required in order to repair or maintain the applicant’s property. The above law gives a clear distinction between preservation works and works which are solely about improving the property. Essentially, the court will not grant a right of access for the latter so if your neigbour is building in order to improve their property, they need consent of any neighbours. As such you could reasonably demand they take down the scaffolding and if they did not, you could apply to the court for an injunction (which costs £308 but is recovereable from the neighbour if your application succeeds). However, first of all report the neighbour to the council to report this - they may serve a notice under their statutory powers. I am unsure which is your council but if you let me know I can find the correct number for you.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

 

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