Neighbours need to put scaffolding in my garden

[Strawberry06]

Hi

My neighbours (semi detached) are building a two story extension and have asked if its ok for the builders to put scaffolding in my garden in order to access the roof.

This has all come at really bad timing as me and my husband have recently separated and he has moved away so I've not had the headspace to deal with it at the moment so haven't given them an answer and now they are really pressuring me.

I don't really want scaffolding in my garden for a number of reasons. They have assured me there will be no damage and that it will be there max 2 weeks but I don't see how they can guarantee. Also, there's a chance I may have to put the house on the market so I don't want it there for that reason.

What are my rights on this? They have said that not putting the scaffolding would seriously impact them and they wont be able to finish the build. Are they right? I don't see why it should encroach on my land!

It's easier to make a third party to take the blame. The neighbours can't pester you personally, you just keep saying 'I asked he says no'. Plus I'd repeat the 'if only they'd done this 2 months ago' just to piss them off because they've given no thought to the OP or what might go wrong. FYI I've also had scaffolding over stay its welcome, it's not like you can move it yourself!

Not your problem - given their bad planning I’d be even less inclined to allow it

you don’t have to declare this sort of dispute with neighbours

its things that are serious and about the properties not whether or not you’ll do them a favour

This isn't a problem. Do you really want disgruntled neighbours if you decide to sell? What if you need support from them?

You can very truthfully reply that you can’t agree to it without your ex’s permission in writing due to circumstances and you can’t obtain that within the timeframe so it has to be a no.

As someone else who has had experience of neighbours extension with disruption that was originally put to us as two months extending into 14 months, don't do it! They can promise all they want, but unless they have an incentive upfront, then you will have to sue them to get any redress - it will take time and money and no guarantees. They won't care. If they think their words are so reassuring, ask them to lay down an incentive first. Draw up a legal agreement - they pay all your costs - and make them pay a returnable £10k deposit up front to your solicitor. Refundable after two weeks if scaffolding is gone like the originally suggested. If not, then agreement is they pay you £150 per day from the £10k as rental.

Start the ball rolling by throwing it back in their court along the lines of:

"Thank you for your message.

I do appreciate your dilemma, but it is unfortunate that you have been able to give me such little notice on what is for you such an urgent matter.

Your promises of minimal disruption are appreciated, but not enough to reassure me that a hasty agreement on my part is in my best interests.

In the circumstances I think it best to seek legal advice with the intent of drawing up a legally binding contract between us.

Please confirm you are willing to pay all my legal fees and I will see what I can do to speed things up for you."

Do not take their word for anything. Words mean nothing.

Sorry but I think you’re being mean here. Regardless of whether you think they’ve been disorganised or aloof or whatever, you saying no to this will seriously impact them, not least financially.
Yes, it will inconvenience you a bit but could you not just suck it up for a few weeks? How many piles will actually be on your side of the fence?
We needed to put one pole over onto next door’s patio a couple of years ago and went to ask. They could not have been more laid-back about it. Just said, “of course! Go ahead,” as we would have for them.

Draw up a legal agreement - they pay all your costs - and make them pay a returnable £10k deposit up front to your solicitor.

Solicitors - Afaik- can only hold money from their own clients after they have done the anti money laundering checks. The money that they hold would be subject to client instruction to be released. So it would still effectively be the neighbours’ money.

I am buying on a new estate and in the reams of covenants that you sign off on - you basically agree to give your neighbours access to fix roofs/walls/drains etc. I would check there is not something similar in place. Even in my 1970s build house there are covenants around neighbours being given reasonable access to fix things.

NO NO NO,, don’t do it.

There’s always an alternative but it will cost the neighbours more money so that’s why they want to make use if you.

Search on here for plenty of threads where the OP wanted to be nice to her neighbours and then got shat on by the neighbour’s builders and the neighbours did feck all to resolve the issue.

Problems include scaffolding left in situ for months blocking out light, damage to the garden etc.

Be very firm with them and don’t give them an inch.

Watering my garden this morning and the hose broke so I had to use the watering can. This involved getting right round to be in front of the outside tap. It occurred to me I wouldn't be able to do this with poles in the way! I know I could use the kitchen tap but I have a big garden with lots of plants plus the cat doesn't go outside so this would involve a lot of back and forwards closing doors each time!

Ok so yes, this would be a pain. But I still think you should let them.
Just think ahead to a day when you might need a favour from them.

Given it's fairly likely OP will sell the house within the coming months, it's quite unlikely she will need a similar favour.

Depends if the neighbours lodge a dispute that would need to be declared.

I can’t see anyone being put off buying the OP’s house because she couldn’t give permission for the neighbours to put scaffolding on her property while she’s going through the emotional upheaval of a separation and her own house sale is on the horizon. A perfectly justifiable response to their request.

It isn’t a dispute, though.

They don’t have the right to access OP’s property to build an extension, only for essential repairs. And it’s possible (as per PP) to construct cantilevered scaffolding and do this work.

You are looking at a definite inconvenience for OP now when she does not want it to happen and weighing it the same as a hypothetical future favour/dispute.

ETA not to mention a dispute is far more likely if the works happen, because of overrrun or damage to OP’s property

No way would I agree to that. And I get on with my neighbours.
Your neighbours are CF’s…
You won’t be able to sell your house if you’ve got scaffolding up and having to constantly chase them to take it away will be a nightmare. This should all have been planned in advance. Just say no.

”I can’t have scaffolding on my property. I have enough issues going on without that. Please don’t ask me again”

And just ignore anymore pleadings…..the building materials are none of your concern, and don't let them guilt you. This should have been sorted a long time ago..

They cannot simply ignore a contract. That is what.the small claims courts are for. Perhaps you could ask them to print sign and date their text (add any other provisions that other postrrs have pointed out) . See if they are.willing to put it in writing and make it formal.

Additionally - the requirement is to declare an ongoing or unresolved dispute, I think.

“Six months ago, they asked to put scaffolding in my garden, I said no, they grumbled about it but ended up using cantilevered scaffolding instead” wouldn’t be needed.

But who wants to have to go to a smalls claims court when they’re going through a very difficult and stressful time? And it doesn’t stop the builders or scaffolder’s trashing the garden or preventing the OP from accessing all of her garden or water tap.

Honestly op. Just say no if you don’t want to let them. Yes they’ll hate you but cest la vie.
Stringjng them along is probably unfair as they will need to find an alternative way to do the work and you’re just holding it up for them and yourself.

OP, you can decline. You could lie and say you once had a terrible experience when neighbours put scaffolding in your garden and that you’ve promised yourself you would never let it happen again. I also think it’s ok to say that you have an awful lot on at the moment and that you don’t want them to ask again. There will be ways around it for them.

Just say I’ve had a good think about it and it’s not convenient for me. No is my final answer: please don’t ask me again as I won’t be changing my mind and I have enough to deal with

So I've not even said yes or no (very bad day yesterday involving husbands family) and next door have already started parking one of their cars outside my house. I have a drive for my car but when my parents come to look after my son, I usually let them park there and I park outside my house.

I don't own the road so cant tell him to move but he knows I use that space so he's decided to put his car there where as he used to leave it much further down nearer his own house - what a c**t. I bet he thinks by doing that it will pressure me into saying Yes well I'm more inclined to say No now - I wont tolerate anymore nasty behavior from a man...

What an a-hole he is. You’re right, you don’t own the road so obviously you can’t ask him to move it but it sounds like he’s throwing his toys out of the pram. I think you’re right to say no, he doesn’t sound like he’s the type of person that will stick to his word re the scaffolding.

I’d totally say no if they thought they could behave like that. I’d stomp over and say I hope you’ve enjoyed pressuring a stressed just separated mum, my priority is my toddler during this upheaval and we need to be able to use our garden safely, I can’t have scaffolding in it right now, you need to find another way to do this. I’m sorry you didn’t plan for that or think you had to give me any notice, but you should have.