Neighbour's scaffolding in my garden beyond time agreed!

[tishtosh12]

Please could someone assist.

My neighbour is building an extension to which I objected to the first plans but made no objections to his second plans. The work was not to project across the boundary and there was no request for permission to enter onto my property.

7 weeks ago, a scaffolder asked me if i would agree to some scaffolding in my garden for a period of 4 weeks. It would benefit me as it would allow them to make a nicer finish to the brickwork facing my property. I agreed thinking it a reasonable request.

A number of weeks ago i asked if the scaffolding would be taken down by bank holiday and was told yes it would. (pleasing as i was to have a party(birthday/exams). However, the scaffolding was not removed and the builders were never there when i was home.

After tracking the builder's number down, he claimed not to be the builder but his brother! He said had he known he would have taken the scaffold down. he would try to contact scaffolder but doubted could get him there due to bank hols. the scaffold remained.

I rang again yesterday to remind him that i wanted the scaffold down and in fact it had been there longer than agreed he point blank refused to take it down, said it will be there until the roof goes on and it doesnt matter what i say was agreed.

They are behind with the work and he will send a bunch of flowers! the scaffold is directly by my patio door, and has no boards on now and is not being used!

He would not tell me the name and number of the scaffolder and said it is illegal to dismantle scaffolding that does not belong to you!

Can anyone help/advise me with such a bully?

 

[r896neo]

It is your neighbours responsibility to sort this out with his builder and you shouldn't be taking any grief from him. trying to take any legal angle on this will be expensive and pointless as it will take ages and the problem will have gone.

It is frustrating I know but being calm and honest about your concerns with your neighbour is definately the best route.

 

[noseall]

Your neighbour and your builder should be bending over backwards to get the project completed as quickly as possible as you are doing them a favour by allowing the scaffold on your property.

The fact that they have been dragging their heels, is frankly, taking the pi$$.

You are entitled to have the scaffolding removed at any time, particularly if it effects anything that you wish to do within the space it occupies.

Suggest that you will have a company take down the scaffold unless work is complete within 10 days and the equipment laid upon next doors' drive.

 

[studips]

it is my understanding that all scaffolding structures must have the name and contact number of the erector promoinently displayed, the benefits of this being obvious.

anyway, have a read up as health and safety will tear them up into little pieces if the structure is not up to standard.]

maybe start here http://www.legislation.gov.uk/uksi/2005/735/schedule/2/made & here http://www.legislation.gov.uk/uksi/2005/735/schedule/3/made

 

[tishtosh12]

thank you for that, I have been trying to track the scaffolder down but so far no luck! He seemed really genuine but I think I have learned a lesson the hard way. I have sent a letter telling the builder to remove by 4pm Thursday, (he said the scaffolder was booked for then, when the roof was on, but today the roof is still not on!) and he wouldnt tell me the name of scaffolder! then he hung up the phone on me! He said he would come and see me Tuesday(today) but he hasn't.

 

[alittlerespect]

Hi

You should be talking to your neighbour to find out what the problem is, it may be that the builder has not paid the scaffolder and the scaffolder is subsequently refusing to take the scaffold down until he gets paid, or it could be that the builder is after more money from your neighbour and just maybe they have already paid the builder in full for the whole of the works - not an unfamiliar situation to be in.

Although this does not help you, it may give you a broader perspective on what may be going on and the problems that can arise.

Its a shame you didn't get your agreement in writing. If you had followed the principles of the Party Wall Act you could have had a legal agreement drawn up with your neighbour, who as it happens would have had to pick up all the costs associated with drawing up the agreement - all well in hindsight!

I would comment that there is no point in going down the legal route as tempting as it may be that is other than maybe to get a solicitor to write a formal letter to your neighbour, solicitors letters can have quite an impact in getting matters resolved. However, do not let things get over complicated as legal fee's have a habit of escalating out of proportion and if your not careful you could find yourself with one hell of a debt around your neck!

Best of Luck!

 

[geraldthehamster]

Hi

You should be talking to your neighbour to find out what the problem is, it may be that the builder has not paid the scaffolder and the scaffolder is subsequently refusing to take the scaffold down until he gets paid, or it could be that the builder is after more money from your neighbour and just maybe they have already paid the builder in full for the whole of the works - not an unfamiliar situation to be in.

Although this does not help you, it may give you a broader perspective on what may be going on and the problems that can arise.

Its a shame you didn't get your agreement in writing. If you had followed the principles of the Party Wall Act you could have had a legal agreement drawn up with your neighbour, who as it happens would have had to pick up all the costs associated with drawing up the agreement - all well in hindsight!

I would comment that there is no point in going down the legal route as tempting as it may be that is other than maybe to get a solicitor to write a formal letter to your neighbour, solicitors letters can have quite an impact in getting matters resolved. However, do not let things get over complicated as legal fee's have a habit of escalating out of proportion and if your not careful you could find yourself with one hell of a debt around your neck!

Best of Luck!

Perhaps you (or your solicitor) could write to the neighbour (recorded delivery), offering to allow them to keep the scaffolding on your land beyond the agreed date, at a fee of £500 per week. Indicate that leaving the scaffolding on your land denotes acceptance of the contract.

Clearly, from a legal point of view, this advice is worth what you paid for it

Cheers
Richard

 

[0000]

start charging them ground rent

 

[alittlerespect]

Hi

Send your neighbour and the scaffold company a registered letter, stating the date that you want the scaffold removed by - say 2 weeks from date of letter, sign and date the letter and get someone else to countersign and date the letter as witness. Before you send the registered letters make a copy of the letter and post it to yourself, but whatever you do, do not open the letter when it arrives on your door. File your copy away somewhere safe and never open it, if the case goes to court you need to pass your unopened copy of the letter to the courts as proof that you made a formal request for the scaffold to be removed.

After your deadline has passed take the offending section of scaffold down and leave it in your neighbours garden. Then if your feeling generous send the scaffod company a polite letter telling them that the offending scaffold has been removed and that you will no longer be allowing the neighbour any further access to your premises until such time that a party wall agreement has been made and you are compensated for the intrusion.

I mention the Party Wall Act as there are other Regulations whereby your neighbour can get a court order to allow access to complete the works. You don't really want to get involved in this and a party wall agreement is by far the simplest solution. As mentioned before your neighbour should pick up all costs associated with drawing up the agreement and there should be some monetary compensation to you for the intrusion and all the aggravation.

Regards

 

[geraldthehamster]

Hi

Send your neighbour and the scaffold company a registered letter, stating the date that you want the scaffold removed by - say 2 weeks from date of letter, sign and date the letter and get someone else to countersign and date the letter as witness. Before you send the registered letters make a copy of the letter and post it to yourself, but whatever you do, do not open the letter when it arrives on your door. File your copy away somewhere safe and never open it, if the case goes to court you need to pass your unopened copy of the letter to the courts as proof that you made a formal request for the scaffold to be removed.

After your deadline has passed take the offending section of scaffold down and leave it in your neighbours garden. Then if your feeling generous send the scaffod company a polite letter telling them that the offending scaffold has been removed and that you will no longer be allowing the neighbour any further access to your premises until such time that a party wall agreement has been made and you are compensated for the intrusion.

I mention the Party Wall Act as there are other Regulations whereby your neighbour can get a court order to allow access to complete the works. You don't really want to get involved in this and a party wall agreement is by far the simplest solution. As mentioned before your neighbour should pick up all costs associated with drawing up the agreement and there should be some monetary compensation to you for the intrusion and all the aggravation.

Regards

Sorry, but I don't think scaffolding in a garden is anything to do with the Party Wall Act, which concerns works on boundary walls and other structures, or which affect their foundations.

Cheers
Richard

 

[tishtosh12]

Thank you all for your advice. Solicitors letter has worked, and the scaffolding has been removed! I have all my plant pots back in place, and i can enjoy the view from my sofa instead of seeing the depressing scaffolding! thanks again !