Neighbour refusing to allow us to erect scaffolding to repair leaking roof

Dynamix · 2023-09-03T18:10:12+00:00

We have an old and leaking roof on our cottage that needs to be repaired as part of home maintenance. The roofer has told us that in order to replace the roof we would need scaffolding on the neighbours side of the boundary. This would be there for 1-2 weeks tops. Our extremely unpleasant neighbour has point blank refused saying it will happen ‘over my dead body’ expletive expletive, despite us asking very courteously. This is obviously extremely distressing as we are left with a situation where our work cannot go ahead and we are left with a leaking roof doing damage to our property. I’m appealing to the Mumsnet hive mind on what steps to take next. I think as it’s essential maintenance he ultimately can’t refuse, but there’s a lot of conflicting advice out there and we have no money for lawyers etc, as we can just about manage the cost of the repairs. Any ideas on the best way to get this resolved, bearing in mind that knowing this man I think it’s highly unlikely he will change his mind.

user76541055773 · 03/09/2023 19:11

Do you have legal cover on your home insurance? Sorry but I think this will be difficult to remedy without a solicitors input.

Original poster

Dynamix · 03/09/2023 19:12

We have of course assured the neighbour that everything will be put right at the end of the work and this will be agreed in writing.

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Floralnomad · 03/09/2023 19:12

Well if he’s adamant he won’t allow it you need to get a court access order . Can it not be done from inside .

Original poster

Dynamix · 03/09/2023 19:13

Hmmm- I'm not sure. I'll look into that. I want to avoid lawyers as they just zap money and we don't have much to start with.

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Thelonelygiraffe · 03/09/2023 19:13

Your local council might be able to help. The planning dept will know the legal position. Or ring CAB?

VeloVixen · 03/09/2023 19:13

Ask the roofer what the options are. Can front and back scaffolding on your land only be an option even if more expensive?

Original poster

Dynamix · 03/09/2023 19:14

Floralnomad · 03/09/2023 19:12

Well if he’s adamant he won’t allow it you need to get a court access order . Can it not be done from inside .

I don't think so, no- the roofer was adamant it required scaffolding.

Any idea on how to obtain a court order and what this might cost.

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Original poster

Dynamix · 03/09/2023 19:15

VeloVixen · 03/09/2023 19:13

Ask the roofer what the options are. Can front and back scaffolding on your land only be an option even if more expensive?

I will double check this first thing tomorrow- I hadn't anticipated an encounter with such a horrible man.

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TellerTuesday · 03/09/2023 19:19

The scaffolders will be able to put something up such as a floating platform with the standards on your own land only. It will cost more but I would say probably easier, even your neighbour agreed now he would probably only come back afterwards and complain of damage etc. Just tell the scaffolding company that you can't encroach on neighbours land, they will see that situation time & again.

Original poster

Dynamix · 03/09/2023 19:23

TellerTuesday · 03/09/2023 19:19

The scaffolders will be able to put something up such as a floating platform with the standards on your own land only. It will cost more but I would say probably easier, even your neighbour agreed now he would probably only come back afterwards and complain of damage etc. Just tell the scaffolding company that you can't encroach on neighbours land, they will see that situation time & again.

Thank you- the scaffolder said it wasn't possible as I had a feeling the neighbour would not be happy when he first suggested it- I wonder if the scaffolder just said that to 'keep it simple'. If I say the scaffolding absolutely can't go into the neighbours then maybe the scaffolder will come up with another solution. I also completely agree that the neighbour will claim all sorts of damage etc just to be awkward / get his pound of flesh.

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Gribbit987 · 03/09/2023 19:37

If it were me I’d get a cheque for £250 and write an oozingly sweet letter accompaniment. “We understand your concerns but currently have a leaking roof and need this fixed before winter. We are legally entitled to erect scaffolding on your land for essential maintenance. Our builders will be neat, quiet and swift. Please accept £250 to cover any inconvenience caused by its temporary presence.”

Did this with someone once and waited. They got itchy and cashed it… Cheaper than solicitors and worth a try.

Original poster

Dynamix · 03/09/2023 19:38

Anyone else have experience of this situation?

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ClematisBlue49 · 03/09/2023 19:38

This link may be of interest:

https://www.justanswer.co.uk/property-law/gfybz-legal-costs-frim-neighbour-will-not-allow.html

Sounds like it may be a case of paying a solicitor to send an initial cease and desist letter, which probably wouldn't be too costly. Thereafter, once your neighbour realises he might be liable for costs if it gets to the injunction stage, he might change his mind.

Original poster

Dynamix · 03/09/2023 19:39

Gribbit987 · 03/09/2023 19:37

If it were me I’d get a cheque for £250 and write an oozingly sweet letter accompaniment. “We understand your concerns but currently have a leaking roof and need this fixed before winter. We are legally entitled to erect scaffolding on your land for essential maintenance. Our builders will be neat, quiet and swift. Please accept £250 to cover any inconvenience caused by its temporary presence.”

Did this with someone once and waited. They got itchy and cashed it… Cheaper than solicitors and worth a try.

Thank you!! Could be one way to go 😆

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supersonicginandtonic · 03/09/2023 19:41

What part of their property would the scaffolding be going on? Is it his lawn?

Original poster

Dynamix · 03/09/2023 19:41

ClematisBlue49 · 03/09/2023 19:38

This link may be of interest:

https://www.justanswer.co.uk/property-law/gfybz-legal-costs-frim-neighbour-will-not-allow.html

Sounds like it may be a case of paying a solicitor to send an initial cease and desist letter, which probably wouldn't be too costly. Thereafter, once your neighbour realises he might be liable for costs if it gets to the injunction stage, he might change his mind.

Thank you- I feel that the neighbour actually feeds off / enjoys conflict. He needs to know to that he could actually be liable to pay costs if it goes any further and he is deemed to be in the wrong.

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Original poster

Dynamix · 03/09/2023 19:42

supersonicginandtonic · 03/09/2023 19:41

What part of their property would the scaffolding be going on? Is it his lawn?

No- it's a patio area.

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Trenchfootinthescottishhighlandstoday · 03/09/2023 19:42

You could do what our ndn's did and just did it without asking. Twats....been up months. We just rent and cfers just do their own sweet thing at the back also...

Original poster

Dynamix · 03/09/2023 19:43

Trenchfootinthescottishhighlandstoday · 03/09/2023 19:42

You could do what our ndn's did and just did it without asking. Twats....been up months. We just rent and cfers just do their own sweet thing at the back also...

As good neighbours I really wouldn't want to do this but honestly, with the legal routes potentially being expensive and him being so unreasonable, it has definitely crossed my mind. Were you out when it was erected?

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Booblessandbeautiful · 03/09/2023 19:43

My experience of the situation is from the opposite side - we agreed to have scaffolding on our land for three weeks - never again.

It was there for 18 months and we had no access to our only outside space and very difficult access to our front door during this time. We also had the constant worry of local children playing on it at night. We had to go to court to get it removed

Your neighbour is quite right to refuse. We have refused requests since then, and no one can compel us.

If anyone attempted to put scaffolding on my land I would tear it down and throw it into the street.

If your neighbour can be bribed, try that. But personally, I wouldn't do it, even then.

Your roofer needs to find another way.

MrSand · 03/09/2023 19:48

no-one can compel us

If it's for necessary repairs, then they can - take a look at Access to Neighbouring Land Act 1992.
It doesn't apply for things like extensions though.

Original poster

Dynamix · 03/09/2023 19:53

MrSand · 03/09/2023 19:48

no-one can compel us

If it's for necessary repairs, then they can - take a look at Access to Neighbouring Land Act 1992.
It doesn't apply for things like extensions though.

Agreed- this is essential maintenance work. We have an ancient and leaking roof.

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Allthecoolusernamesaregone · 03/09/2023 20:20

I admire your confidence that the scaffolding will be there for a maximum of a week.

I agreed to let my neighbour erect scaffolding in my gardens (spanned front and back). It was there months, caused a lot of inconvenience as was partially blocking my access, killed my grass, and the builders were rude and messy. They made no attempt to clear up their mess, and nor did my neighbour.

There is no way I would ever allow access again without a written agreement with heavy financial penalty clauses for breaching it.

I hope for your sake you do manage to persuade your neighbour, but if you do please make sure that you can keep to your side of any bargain, including clearing up.

Original poster

Dynamix · 03/09/2023 20:24

Allthecoolusernamesaregone · 03/09/2023 20:20

I admire your confidence that the scaffolding will be there for a maximum of a week.

I agreed to let my neighbour erect scaffolding in my gardens (spanned front and back). It was there months, caused a lot of inconvenience as was partially blocking my access, killed my grass, and the builders were rude and messy. They made no attempt to clear up their mess, and nor did my neighbour.

There is no way I would ever allow access again without a written agreement with heavy financial penalty clauses for breaching it.

I hope for your sake you do manage to persuade your neighbour, but if you do please make sure that you can keep to your side of any bargain, including clearing up.

I stated a maximum of 2 weeks upthread, which is what I've been told by professional scaffolders. It's in no one's interest for the job to drag on. We have had scaffolding on our property previously for our neighbour on the other side who was having building work done. This took longer than expected but that's life.

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DoneByWeds · 03/09/2023 20:29

Could they use a telescopic boom aerial work platform instead of scaffolding?