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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 8595
Experience:  Solicitor
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Whilst at work, my neighbour has instructed or allowed a

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Whilst at work, my neighbour has instructed or allowed a scaffolder to erect scaffolding in my back yard which is locked and extends over my extension roof. It blocks a fire window and their are three poles in my yard to which I have not given permission do I have any legal recourse?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Is it a new build or maintenance?

Customer: replied 4 months ago.
Maintenance but is above extension roof. I asked for guarantees that any damage to the roof would be paid for and then was told he wouldn't be going ahead with any work on my side and then just went ahead and did it.
Customer: replied 4 months ago.

Ok - what do you want to achieve?

Customer: replied 4 months ago.
for him to realise he can't just do what he want with no regard for other people. I now want it removed. it's not essential maintenance he is converting his house into bedsits. He could have had access if he'd agreed to sign an agreement to pay for any potential damage. He would not agree to this, so he has just gone ahead and done it anyway.

Sadly you can not have it removed. If it is maintenance then under the Access to Neighbouring Land Act 1992 if you refuse to allow maintenance then they can apply for a Court order.

It is implied that any damage will be and must be repaired to the same standard.

But the reality is, he should have gotten consent. You can not refuse it. The law allows access.

It does not have to be essential maintenance. It only needs to be maintained.

I am sorry if this is not necessarily the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 4 months ago.
its in conflict to the other advice I've been given in that it is trespass and he should have obtained permission prior to erecting the scaffolding as I believed to be the case? I have been advised that I can threaten to have it removed and have the bill sent to him.

Yes he should have. I assume the advice is not from a qualified Solicitor or Barrister?

But the Act says that if you refuse, he can get a Court order.

You can threaten to remove it. But by law you must allow access.

It is quite clear. Section 3(1) says:

An access order requires the respondent, so far as he has power to do so, to permit the applicant or any of his associates to do anything which the applicant or associate is authorised or required to do under or by virtue of the order or this section.

Does that clarify?

Customer: replied 4 months ago.
haha it was from ask a lawyer so I thought they were qualified! but hey it's a minefield. If he gets a court order, fine I kind of wouldn't mind if it caused him some difficulties. Then I will have some evidence that he has accessed my property in the event that there IS damage. He's the kind of person who would deny there was ever any scaffolding there. I am happy to speak with a solicitor and engage that way I just wanted to know whether it was worth it? As he wasn't given permission.
Customer: replied 4 months ago.
I'm not looking to sue or make money, more protect myself and not be bullied. I feel bullied.

You realise you would be liable for the costs of that too though if he got a Court order?

If there is damage, he has to repair regardless.

Does that clarify?

Customer: replied 4 months ago.
Damage to my property or his? this is what i'm afraid of. If there is any damage he will just deny it.

Yours. It makes no difference whether he damages his own.

He would be liable for damage to yours and it would be obvious if it was fresh damage.

Does that clarify?

Customer: replied 4 months ago.
Yeah I think so I shall speak to a solicitor anyway about getting the scaffolding removed as he didn't get permission and has been abusive. thanks anyway.

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