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ginjez

Member Since: 18 Sep 2011
Location: huddersfield
Posts: 1760

2011 Defender 90 Puma 2.4 ST Santorini Black

Any legal help on access rights

I'm away on holiday at the moment and a neighbour at home has deemed it appropriate to erect a scaffolding in our garden in order to replace his roof. Not only that but all the tubes and boards have all been brought through from our drive.
Whilst I accept he has a right to access to maintain his property I would have thought he would have to supply me with insurance and a method of work. I have been given no notice and I would have thought he would have to mutually agree a date.
I know I'm going to have to seek professional advice when home but if anyone has any factual advice in the meantime it would be appreciated.
Needless to say it has put a dampener on the holiday with me stressing about damage to vehicles on the drive and the thought of people wandering around the garden eyeing up things they shouldn't

1st Jun 2017 6:55pm

Panda

Member Since: 29 May 2015
Location: Essex
Posts: 432

2015 Defender 110 Puma 2.2 XS CSW Fuji White

Ginjez,

Sorry to hear you have these troubles whilst on holiday. The contractor carrying out the work should have a construction phase plan in place covering the safety management of the works. CDM 2015, duties of a domestic client. This would have to consider the safety of your family, property etc. Part of this process would be communication with you to answer any questions you may have, for example maintaining structural integrity of your property. I would expect a party wall agreement to be in place.

Don't get stresses about it, just make enquiries when you get home, see what's in place. Firstly talk to your neighbour, your home insurance may have a legal help line number. Sorry I couldn't be more help. The very Best of luck working this through.

Best Regards Monty-2015 2.2 110 XS Puma Station Wagon
Yoda Disco 3-Sold
Larry Disco 1-Sold
Muddly XS 90 TDCI-Sold
Pearl Disco 2-Sold
Larry Disco 1-didn't want too but sold

1st Jun 2017 7:34pm

leeds

Member Since: 28 Dec 2009
Location: West Yorkshire
Posts: 8580

Ginjez, sorry to hear about your rude neighbour however they do have the legal right to access your property to carry out maintenance work on their property.

Relevant law is Access to Neighbouring Land Act. Whenever I have needed to do maintenance on any of our properties a quick word with neighbour and everything was good to go. However asking permission is good manners rather then a legal requirement.

Am not sure about erecting scaffolding towers and I would assume that your neighbour or their contractor are responsible to rectify any damage to your property.

Enjoy your holiday and do not get too stressed.

Brendan

1st Jun 2017 8:17pm

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