How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 4306
Experience:  LL.B (Hons)
106205234
Type Your Property Law Question Here...
RJM Law is online now

I have a question on the placementofpfscaffoldig to a

Customer Question

I have a question on the placementofpfscaffoldig to a permitted deveolment at a terraced house in London. The freeholder has given oermission but the leaseholder is objecting and asking for the scffolding to be removed after giving permission.
Submitted: 12 days ago.
Category: Property Law
Customer: replied 12 days ago.
I need to edit the question it is very badly typed sorry
Expert:  RJM Law replied 12 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you by the end of the evening.

I will be able to provide you with guidance in relation to your question which should assist ifi in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Customer: replied 12 days ago.
Ok thank you so where do we start?
Customer: replied 12 days ago.
Here is the lease
Customer: replied 12 days ago.
Dear Mr Berry and Ms Brookfield
We act for Ilka Rauch, the owner of the flat beneath your own, address***** Your builders have trespassed on her property, and erected scaffolding and caused damage. You must remove that scaffolding immediately. Our client is compiling an assessment of the damage caused, and we will seek to recover the full costs from you. Arrangements for scaffolding removal and subsequent negotiations must be carried out through our client’s appointed surveyor – we will provide details shortly.
You requested access from Ms Rauch, but permission was denied. You proceeded without her consent. We do not believe she has any obligation to agree to your accessing and using her property in order to carry out your intended works. If you disagree there is a formal process which you did not follow to determine if you have any such right. We suggest you take advice from your surveyor as to that process.
Ms Rauch does not want a bad relationship with you but is justifiably annoyed at your unacceptable actions.
We have not yet contacted the freeholder to apprise them of this matter and its impact on the Leaseholders Agreement in the hope that is matter can be quickly settled.
You will shortly receive a letter to this effect.
Kind regards
Robert ***** *****
Consultant
D. +44 (0)20 3073 7616
M. +44 (0)7872 118424
*****London W1T 4DF
leeandthompson.com
Disclaimer
Lee & Thompson LLP, registered office at*****London W1T 4DF Tel:(###) ###-####7600 Fax:(###) ###-####7601
This email is sent for and on behalf of Lee & Thompson LLP, a limited liability partnership registered in England and Wales (registered number OC351626) and authorised and regulated by the Solicitors Regulation Authority (SRA). Our SRA registration number is ***** A list of our members is available for inspection at our registered office.
The contents of this e-mail are confidential to the ordinary user of the e-mail address to which it was addressed. No-one else may copy or forward all or any of this email or any attachments in any form. If you receive this e-mail in error, we should be obliged if you would telephone our IT Manager on(###) ###-####7600 or e-mail***@******.***.
Lee & Thompson LLP does not accept service of proceedings by email.
For further information please visit our website at www.leeandthompson.com
Customer: replied 12 days ago.
The last was a letter received by us
Customer: replied 12 days ago.
A suggested reply;
Customer: replied 12 days ago.
Dear *****,In a discussion with your client on 14th July 2022 we consulted on the proposed building works which we have obtained planning permission for.Your client expressly requested that no scaffolding poles should rest in her garden and we are in compliance with this.Access to your client’s property was not discussed in this meeting, however, we did instruct our builder that the garden was not our property and therefore should not be accessed without permission from your client. We were assured by our builder at this time that such access would not be necessary.With regards ***** ***** alleged trespassing, if this did occur, against our clear instructions, then your client would have to take this up with the subcontracted scaffolders of our builder. Furthermore, we would expect the same for the alleged damages.Be assured that we have re-communicated to the builder that your client’s garden remains strictly out of bounds.With regards ***** ***** the scaffolding, it is not on your client’s property. We will ensure that the poles on the freeholder’s roof above your clients kitchen will be removed as soon as possible within the build time. Please note the freeholder is aware and comfortable with this requirement, especially as we can resolve some maintenance works in the process.We also wish to avoid a bad relationship with your client. It would be detrimental to both parties to allow this to escalate to a full scale dispute as not only would it threaten a good neighbourly relationship, but also could present a legal obligation to disclose such a dispute upon the sale of either of our leasehold properties.Please do let us know if you have any further questions or would like us to pass on the details of our builders and hope you agree that proceeding without access to the garden is a fair compromise.
Customer: replied 12 days ago.
Ok
Customer: replied 12 days ago.
Roughly when can we speak?
Customer: replied 12 days ago.
The issue is we are building a bit to the flat above*****we spoke to the leaseholder she said fine and texted good luck she has since reacted as per the letter. We believe the Freeholder owns the roof above her kitchen which is where the scaffolding will sit for a couple of weeks then it can be removed. She had said no poles on her property which we took to mean the garden there are no poles in the garden in building the scaffolding the main contractor sub contractor ignored our request to stay out of her garden but I think she believes the roff to be her property hence the reaction. We need to determine if she can ask for removal we have double checked with the freeholder and he is fine with the position in fact quite encouraging as he relationship with the other leaseholder is not that great.
Customer: replied 12 days ago.
Do you need any more info?
Expert:  RJM Law replied 12 days ago.

Thank you I am just looking over this for you now.

Expert:  RJM Law replied 12 days ago.

Thank you, ***** ***** seems fine, if they have not erected any scaffolding on their property, there is no issue.  Whilst they may look to recover costs for the damage against you, and if that is the case, you can then look at recovering the same from the contractors (or negotiate a reduced price to cover the same).  Prior to erecting scaffolding on the rood, you will want to double check this is not infringing on their property.  If they send a reply which does not remedy the matter, please do feel free to come back to me.  In the mean-time, I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.


Customer: replied 12 days ago.
I am not sure it does as it is us erecting the scaffolding and the ground floor whk have responded with a solicitors letter. The lease I think explains where ownership lies explain that it is to the plasterboard or wall not the superstructure or roof that is the freeholders property which is where tha scaffolding sits currently
Expert:  RJM Law replied 12 days ago.

So are you saying the scaffold is on their property?

Customer: replied 12 days ago.
The scaffolding that has been erected is on the roof of the ground floor leaseholders kitchen extension the lease states this iroof is not the property of the leaseholder but that of the freeholder. The freeholder has expressly supported us in using the roof to erect the scaffolding on. I think the ground floor leaseholder is confused as to the ownership of the roof over her kitchen I attached the lease previously to explain if you believe this reads correctly and our assumption as to ownership is correct that is the key. We believe that we do not need to remove the scaffolding as it is not on the leaseholders property that is what I sought advice on. Am I right in your view as per the lease? Thanks so much
Expert:  RJM Law replied 12 days ago.

Thank you, ***** ***** freeholder owns the roof and they have even express consent this should be enough to satisfy the solicitor on the other side.

Customer: replied 12 days ago.
Is that what you have drawn from reading the lease?
Customer: replied 12 days ago.
Sorry to be a pain I sent you the lease can you see if that is your take on the situation from the lease?
Expert:  RJM Law replied 12 days ago.

Thank you I have not reviewed the document.  I am unable to offer a document review at this time.  However if you post a new question asking for this someone can pick it up for you.