HELP!! Next door have errected their scaffolding in my garden without asking!

[Northernlurker]

Cam home from work and there it is. It's not in my way as such but I am furious that they have done this without asking and that the people doing it have left our side gate open whilst doing it. To erect it they must have climbed over our fence!

Now I don't want to fall out with next door but I am concerned about liability if the scaffolding support poles on our land collapse. I am going round as soon as she's in to politely say that I would have appreciate notice, that I expect the scaffolding to be kept secure (as it offers a way in to our property as well) and that I do not accept liability for anybody falling off! Should I put this in writing - or do anything else? HELP!!!! I also need to know how long it will be up!

i htink they have a right to accces your garden/drive to maintain their house ( but presumably with your consent)

maybe she was told byt he scaffolders it would be ok etc

does it stop your sky signal? did to ours!

Maybe next door didn't realise that's where it was going and the builders have made a big assumption that it is all ok with you.

I would approach it that the builders have done this without their knowledge and go from there.

If she'd asked I would have agreed. I'm not in to making trouble for the sake of it - but it's just incredible to come home and find you've been invaded!

yeah i am pretty sure they need your permission. when next door needed some work done on their roof they had to wait ages for one of us to return home so they could ok the scaffolding necessary.

i would be MOST annoyed by the getting into your garden over the fence tbh. that's well out of order

IIRC they only have a right to use the adjoining land for maintenance not for building ... It is quite presumptuous of your neighbours and/or their builders.

I would have a friendly word with your neighbours and ask them what they plan to have in order to excuse you from any liability.

Ok I've been round. The work is being done under the NHBC guarantee by sub contractors arranged by Wimpey. Next door say they knew nothing about it - came home, saw it on our garden and assumed we had given permission. I have been very clear with her that we haven't, that any damage must be made good and that I am concerned about the uneven slabs the scaffolders have built on (muppets). I will ring Wimpey tomorrow and tell them how their sub-contractors are behaving. The work should be done by Thursday apparently....

In that case it sounds as though it is maintenance work

Yes I think it is - and I have no problem with that. Just hate the idea they thought they would just slam it up, trespassing on our property to do so without permission and without giving us any idea of how long it's up for. Can't see a phone number on it in case of problems - I thought they were supposed to display that....

Ask them to get the contractor to formally request in writing permission to erect scaffolding on your property.

It is possible that the neighbours have a right to enter onto your land to erect scaffolding reserved in deeds - you would need to check - but probably unlikely.

Rights to enter to carry out maintenance may be subject to party wall act - if the works are to a party feature - but they should seek your consent and make good any damage - plus it sounds like the works aren't to a party (shared) feature. There are also notice provisions (can't remember what they are, but looks like they haven't been adhered to here any way).

From what you say it looks like a big assumption on the part of the builders/sub-contractors. I would definitely make your point, tell them it was done without your consent and that you require an indemnity for any damage form them - at the very least they should cover you for any damage or injory to third parties. And put it in writing, or get them to. And if you're not happy with it, tell them to move it.

They definitely have to give notice and they have to get your agreement as well - for example you may wish to have your own work done that day and lose financially if you can't get your scaffold up.

I would give the builder an earful tomorrow personally.

Thanks for the replies. I've been out at work yesterday and today so haven't actually seen the builders but I rang the office of the BIG national chain who are covering the work. They were aplogetic and said they would speak with the contractors. They also offered to get it moved but as it's all linked that would mean them demolishing all three sides (round the detached house) and then rebuilding and clearly that would have delayed the work. I said therefore that it could remain as long as it was gone on Friday (am coming home Friday lunchtime to check) so that the garden is fully available for the kids at the weekend. I also asked about tehir indemnity insurance and received assurance that all was in order. I don't have it in writing but I'm ok with that atm. Thanks so much for all the advice. It was so annoying on Monday - especially as had it been done properly I would have agreed happily.