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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15912
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My neighbour has served a Party wall act as they want to

Customer Question

Hi my neighbour has served a Party wall act as they want to build an extension. We are both in detached properties with a path each side of boundary fence. My neighbour extension would require them placing scaffolding on my side to complete. I don’t want this as I refused there development. What should I do?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No
JA: Where is the property located?
Customer: Esher
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i don’t have a good relationship with them .They have just finished another extension which has been going on for a year and a half
Submitted: 17 days ago.
Category: Property Law
Expert:  INC Law replied 17 days ago.

Hi,

Thank you for your query.  I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

Your neighbour cannot compel you to allow access for scaffolding to undertake a new structure.

As part of the negotiations, you do not have to agree to allow access. The neighbour would this have to seek alternative methods.

If you did allow access, this is something that you can charge for.

I hope this answers your question.  If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 17 days ago.
How do I refuse Party wall act?
Expert:  INC Law replied 17 days ago.

You will have to speak with the Party Wall Surveyor and negotiate. You will not be able to refuse completely but will have to come to an agreed outcome