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Scaffolding and Fences

(3 Posts)
TwoAndTwoEqualsChaos Tue 19-May-15 23:15:37

Two related but separate questions:

1. Our neighbour erected scaffolding to the rear of our house without our permission (huge back story relating to our chimney which her builders removed). There is no tag on the poles and she refuses to tell us who the scaffolders are or to provide contact details. She also had them put it up on a Sunday morning when she knew we were out. What rights do we have? Can we employ a second firm to remove the scaffolding poles and place them in her garden? How else can we get them taken down?

We are the middle of a row of five Victoriam terraces. A side passage runs between houses 2 and 3 (us) which 2 and 3 own half of but which all five have a right of access over. Thus, the fences we have are not on our boundary. Our neighbour has taken hers down and her builders now use the passage as an extension of her garden. We also have no privacy and we are concerned about our children playing outside (we cannot replace our own fence, damaged by her, also due to her building work). I know she wanted to do an extension under Permitted Development, but it was refused, and she was intending to put a brick wall up as part of the house instead of the fence. Is there any way we can make sure a fence is put back in place?

Collaborate Wed 20-May-15 10:13:47

Lots of questions, but not enough information.

Which number does your problem neighbour live at?

You say the fences are not on the boundary. Is there just dead space between the fences?

Is the scaffolding on your side of the passageway? If so, to the extent that it is on your side of the passage, your neighbour has no right to put it there. You are entitled to remove it. Make sure you do so safely though. If the job is done dangerously you may be liable for the consequences.

If the neighbour is simply repairing their property they may seek a court order allowing them to enter your property for that purpose. Strict conditions can be placed on your neighbour (such as time constraints, noise etc). This is under the Access to Neighbouring Land Act (see here) www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html.

I'm not sure what you say permitted development was refused.Do you mean she was served with an enforcement notice, having wrongly believed her works to be covered by PD?

TwoAndTwoEqualsChaos Wed 20-May-15 22:55:43

Problem neighbour #2. We are #3. Space been fences a pathway/passage which had the boundary down its middle. ROA for all five houses to the rear. Scaffolding on my land within the fence!

For a brief period, up till the end of May 16, instead of the usual 3m extension, a terraced house can have a 6m extension. However, the legislation provides for consultation with interested parties (i.e. neighbours) and, if they raise objections, it goes through a brief planning process. We did, it did and they weren't allowed to proceed.

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