Scaffold Trespass

[geome]

The neighbour next door is having an extenstion built and has put up without my permission scaffolding that is overhanging onto my side of the boundary by 1 metre fear walking under it because of falling bricks etc.
The poles are all on his side of the boundary
My question is can I sue and if I can who is it I sue the contractor, scaffolding firm or the house owner

 

[OwainDIYer]

The neighbour next door is having an extenstion built and has put up without my permission scaffolding that is overhanging onto my side of the boundary by 1 metre fear walking under it because of falling bricks etc.
The poles are all on his side of the boundary
My question is can I sue and if I can who is it I sue the contractor, scaffolding firm or the house owner

Yes you can sue, you might actually win, but what loss have you suffered?

If you are worried about falling bricks etc then the scaff should be boarded and sheeted to contain any debris.

 

[noseall]

Were you asked and did you object to the stanchions being put upon your property?

 

[Richard C]

How sad neighbours can be & believe me I know They should have asked your permission, they are trespassing & not allowed to do it but I think there is far more history to this than your letting on.

 

[freddiemercurystwin]

I think there is far more history to this than your letting on.

That's just what I was thinking .......

 

[Nige F]

The poles are all on his side of the boundary

Send them back to Poland - and SUE- sue - sue

 

[geome]

The stanchions are not on my property but the scaffolding cantilevers over it about 1 metre

 

[^woody^]

Time is ticking, so you should be litigating rather than posting on here. You would sue the homeowner

To be successful in suing for trespass, then you will have to prove some loss. What loss have you suffered?

You should have already given them a clear instruction to remove the scaffold. You can't just let it remain and then sue and expect to succeed. How do they even know that you object to it?

Have you checked your own and the neighbours deeds to check that no easements or implied permissions exist?

Have you even been out and asked them to remove the scaffold?

 

[big-all]

good exact and practical answer

 

[VictorStudent]

I don't know why someone would care if scaffolding was hanging over their property, as it's only a temporary situation. You need to get a life, and worry about something else! You just make unnecessary tension between you and your neighbor. Clearly something wrong with people like you, complaining because there are a few piles hanging over your property.

 

[Nakajo]

I guess it was a bigger deal 5 years ago then it is today. Maybe *you* need to get a life.

 

[Nige F]

I'd be more concerned about piles hanging in my bog - sadly they've been doing that on and off for more than 5 years

 

[motorbiking]

if you've suffered loss make a claim, if you have deep pockets get an injunction. you risk much to gain a little.

chances are next door had no idea that it would look like this.

the claim in against whoever erected it not the neibour (usually).

 

[bernardgreen]

but the scaffolding cantilevers over it about 1 metre

I don't know why someone would care if scaffolding was hanging over their property, as it's only a temporary situation.

As it is cantilevered over your land you have a right to have it removed, but as a good neighbour you could try and tolerate it.

That said as already mentioned get them to ensure nothing can fall from it and endanger you on your property. You could ask them to show they have insurance in place in to cover accidents.

Have they taken measures to ensure the cantilever is secure and the scaffolding cannot topple onto you property ?

 

[Nakajo]

Dear archaeologists, Can we please stop resurrecting this ancient thread.