neighbours scaffolding on my property over agreed time limi

[mart9801]

Can someone help us please. My elderly, recently widowed mother's
neighbour (with our permission) has had scaffolding erected over our garage supported on one end by our drive, blocking one door of our double door garage, the other on one of our garden walls. This was done so he could remove old render from the side of his house which is separated from our garage by only 4 inches. We agreed to this and informally also a time scale of 3 months as he said he did not know what problems he might come across on removing the render. As it happens he removed the render and it was re-rendered within two months so basically he had no problems. Great we thought, except that was 3 months ago and although he tells us he has had other problems with his roof and still needs access from our side on the scaffolding the work is progressing far too slowly. As now we want our drive back to have some gardening work done on our side he is coming with all sorts of excuses. I told him three weeks ago we wanted the scaffolding removed for this purpose and gave him notice of 4 weeks. There is one week left now and today we challenged him again that it will be need to be removed in one week, to which he replied "I don't think so!" We reinforced that the scaffold has now been up for 5 months although 3 months was agreed and the fact that the render has been finished for 3 months also and only needs painting. What should we do, he never gives us finish dates and its really getting us down, we want our drive back and his scaffold removed?

 

[Inky Pete]

On the day the notice period you've set expoires, take it down yourselves and weigh it all in for scrap!

 

[mart9801]

Thanks Inky Pete if it were only that easy. There looks a fair bit of scaffolding to remove and I read you are supposed to be qualified, and I don't the scaffolding company would be too happy either

 

[Inky Pete]

If there's a scaffolding company involved then find out who they are and tell them that it's been there much longer than you gave permission for and you want it removing, or you'll get someone else to remove it and allow them to keep it.

I bet they shift it rather than risk losing it!

 

[cotswoldbuilders]

5 months to render a wall. ?

 

[^woody^]

You are in a predicament.

You can't lawfully touch, dismantle, or dispose of the scaffold

If you can't reach an agreement to remove or adapt the scaffold to allow you to use the garage/garden, then you will have to take some legal action for trespass.

It's not clear who "he" is, but the onus is on the neighbour. However, you may like to find out who the scaffolders are and imply that you will take action against them too

 

[cajar]

No good deed goes unpunished.

 

[ferdinand2000]

I'd welcome comment here. This worked for me in bringing a situation to a head, where I was just being ignored in similar circumstances. Note that you will be responsinble for your actions.

I think you can legally take reasonable action to mitigate the nuisance/disruption.

You have an agreed timescale (documented, I hope), and you have been more than patient.

You could serve formal notice with a short time limit (one week, or 72 hours, perhaps), copied to the scaffolding company, instructing removal and stating your intentions if it is not done.

Then instruct the scaffolding company to remove it, in a shorter period.

If they do nothing - simply have it removed and returned to his property.

It is *important* to keep your neighbour informed in writing (with proof of delivery - Cert of Posting or a witness) of the exact timing of your actions, as removing one bolt renders his worksite officially "unsafe" under H&S rules.

Then try invoicing your neighbour for the costs.

You could try charging a rental for the extra period (as would normally have been done from day 1 with an agreement), but that isn't your main issue.

Your relationship will be toast, but then it sounds like toast already.

A solicitors letter may held, but at present you're being played for a fool, and he sounds as if he will just ignore words and you until he has a spoke in his wheel.

If noone is going to react to anything you say, you could just remove one piece yourself and then everyone will start paying you attention ! Again you must be clear about what you are doing to those running the site.

You could also try asking the question on gardenlaw.co.uk, where some people may have good suggestions.

Ferdinand