Is it possible to fit scaffolding into this space?

Discussion in 'Building' started by lovelyhead, 10 Dec 2017.

  1. lovelyhead

    lovelyhead

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    I looked up my local council rules on this and they state no noisy construction on a Sunday. The builders are either a bunch of cowboys or don't care (or both).

    I complained to the council about them so we will see.
     
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  3. But who owns the path down the side of your house. If it belongs to the council (as I suspect it does) then you have no right to object. If it belongs to you, then you might be able to object as it's an alteration, not essential maintenance, but I suspect you'll find the scaffolders just turn up one day, and then you'd need to take out an expensive injunction to stop them.
     
  4. lovelyhead

    lovelyhead

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    It is owned by us and the 7 other houses. It is in our title deeds. It is access to ours and our neighbours back gardens. The building that is getting turned into a supermarket has no right of access.

    If the scaffolders turned up I would just stand on the path. What could they do?
     
  5. lovelyhead

    lovelyhead

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    deleted
     
  6. Only one person can own the land, but others can be given a "right of way" across it, so I think you'll need to re read them carefully, and see where in the deed it states that you (being the property situated directly beside that strip of land) own it. I suspect that you don't.

    If you stand on the path, they'll just call the police, and you'll be removed fr creating a disturbance, and told to talk to your solicitors. It's a civil matter, not a criminal one.
     
  7. lovelyhead

    lovelyhead

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    This is what it says in the title deeds:

    "a right in common along with the proprietors of the seven adjoining terraced dwellinghouses to all common and/or mutual parts, walls and fences, including the pathway surrounding the subjects shown tinted yellow on the said plan serving the whole of the said dwellinghouses."

    and also

    "there shall be granted a heritable and irredeemable servitude right of access over the paths to the side and rear of the house and garden of (my address) in favour of the proprietors of the seven adjoining terraced dwelling houses for all necessary purposes."

    There is also a gate at the end of the lane that was there when we bought the house if that makes any difference.
     
  8. The second part is as I suspected, you all have a right of way over that piece of land, but I don't know whether the first part actually means that any of you own it - yu need professional advice from her on in I'm afraid.

    You could talk to your environmental health department as to the noise on sunday morning, but I suspect you'd be bettor off contacting the Coops building department to get them to stop.
     
  9. lovelyhead

    lovelyhead

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    Thanks.

    OK so assuming I don't actually own the path, I still have a right of access. The scaffolders presumably must find out who does own the path and seek their permission. The owner of the path can't deny me my right of access by allowing the scaffolding to be built without seeking my permission first, no? All this assuming the building work is not classed as essential maintenance.
     
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  11. endecotp

    endecotp

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    Not true (at least, not here in Scotland). Shared pwnership of land around flats is common. My deeds include property that I soley own, property that I own in common with my neighbours, and property that I only have a right of access over.
     
  12. noseall

    noseall

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    What makes you think the scaffolding will end up blocking your access? What if the scaffolders take reasonable steps and allow pedestrian access? You will have no recourse and everyone will live happily ever after.
     
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  13. freddiemercurystwin

    freddiemercurystwin

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    But lovelyhead will not have won then and that would make lovelyhead very sad. :(:(:(
     
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  14. lovelyhead

    lovelyhead

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    The path isnt wide enough for any scaffolding poles to be there and still allow us to take our wheelie bins to the front of the house. Any scaffolding poles on the path would therefor be blocking our access.

    Has no one ever told that if you have nothing nice to say maybe best to just say nothing. Your comments are not very constructive.
     
  15. lovelyhead

    lovelyhead

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    Yes shared ownership is common up here. My deeds dont make it explicitly clear on that point though. What i do know for certain is that we have a right of access and the builders do not.
     
  16. pilsbury

    pilsbury

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    When my old house was reroofed, the scaffolding had to go over a neighbours flat roof. The scaffolder erected a fantastic bridge over it and it did not touch a single part of their property.

    On another note, it seems as though planning is granted and work has started. Do you think that you stopping the scaffold down your side to brick up a couple of windows will stop the corporate machine? A bit like Swampy at a new road build? Will work stop and teams of builders down tools and sit there scratching their heads? I’d suggest big corporations have had dealings with stubborn neighbours before and have plenty of ideas, money and lawyers to throw at the issue. More than you.

    Your main goal should be working with Co-op now. Not the builders, they just do as instructed. As said previously, if you stop all access, they’ll just block up windows from inside leaving a crap finish on your side. Easy. Who’s won then?

    If you meet with a representative, you could relay some of your concerns - acces down your alley and I’m sure they’ll ensure it is maintained. The air con unit, by you being reasonable they are more likely to consider alternatives or explain the noise levels to reassure you. Sunday morning demolition, that’ll stop.

    Fighting them now work has started is flogging a dead horse. On a plus note Co-op are doing boxes of Roses chocs for £2.
     
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  17. lovelyhead

    lovelyhead

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    I assume that your neighbour would have agreed to you doing that first. What would you have done if they had not agreed?

    I have accepted that the shop is happening and nothing I can do will stop that. But at the same time I am not happy to be walked all over by them. I don't want to be inconvenienced any more by them. If they need to put up scaffolding they will need to find a way to do it without intruding on our access path which we paid a lot of money to have access to.

    Not one representative from the CO-OP has once approached us to talk. They don't really seem to have much concern for the neighbours. The air conditioning units were originally planned to be in a place where it wouldn't bother anyone. Probably to get the main planning application through. Now that they have achieved that, they are trying to move it within 1 meter of our property. Does that sound like the actions of a company who cares much about their neighbours?
     
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