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Access to neighbouring land act re: scaffolding

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  • #16
    Re: Access to neighbouring land act re: scaffolding

    The court shall not make an access order in any case where it is satisfied that, were it to make such an order— (a) the respondent or any other person would suffer interference with, or disturbance of, his use or enjoyment of the servient land, or
    (b) the respondent, or any other person (whether of full age or capacity or not) in occupation of the whole or any part of the servient land, would suffer hardship,
    to such a degree by reason of the entry (notwithstanding any requirement of this Act or any term or condition that may be imposed under it) that it would be unreasonable to make the order.
    An access order may impose upon the applicant or the respondent such terms and conditions as appear to the court to be reasonably necessary for the purpose of avoiding or restricting— (a) any loss, damage, or injury which might otherwise be caused to the respondent or any other person by reason of the entry authorised by the order; or
    (b) any inconvenience or loss of privacy that might otherwise be so caused to the respondent or any other person.
    Only having had a brief read of the act, it may be better for it to go to court, then everything will be outlined, ie access, working hours

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    • #17
      Re: Access to neighbouring land act re: scaffolding

      The neighbours are all in this with us already! I think the main concern at the moment is that they have threatened to seek their costs from us if it goes to court - £2000 - £3000. Is that right that they can do that even if we were to be awarded something from the judge? We just want proper terms and for them to appreciate what we will be losing during the term they are there.

      Comment


      • #18
        Re: Access to neighbouring land act re: scaffolding

        I also think the fact that they have had planning refused as well as an appeal may be in your favour.

        I also tend to agree with Cel as it is intimadatory tactics, which you coudl just throw back at them.
        ie charity uses heavy hand tactics and threats to local residents through its solicitors etc
        I would contact your local councillor(as they prob refused planning) and MP to get behind your case

        sorry not had chance to read through the full act yet

        PKea

        Comment


        • #19
          Re: Access to neighbouring land act re: scaffolding

          HI
          Thanks for all you replys.
          PKea, when you have read through the act will you be able to advise more, and what are the chances of them winning the costs against us

          Comment


          • #20
            Re: Access to neighbouring land act re: scaffolding

            Hi Also
            about the costs, we are a young couple with two small children we both work and have a large mortgage, these costs could involve us losing our house, alsoour next door neighbour is a single mum who works from home and the lady who lives next to her is an 84 year registered disabled chronic asthmatic, would the judge not have sympathy with us and not award costs against us?

            Comment


            • #21
              Re: Access to neighbouring land act re: scaffolding

              Here is a letter we have drafted in reply any comments and help are really really welcome
              Dear
              Thank you for your recent letter dated 13th June.
              We note your comments that we are deliberately blocking progress to your client’s property at **********, it seems you have either been misinformed or not made fully aware of the circumstances.
              Firstly, I do not understand your point regarding the statement of ******* work in the Community and what this has to do with the matter at hand? We appreciate what ********* stands for but this is not the issue.
              We would not say that we are deliberately blocking progress. We are just seeking to agree proper terms in order to protect the well being of our family and our property before we allow access. We fully appreciate that the work needs to be done and in doing so they will need to gain access through our land. We are simply yet to seek a compromise between the parties involved.
              Our garden space is 15ft by 13ft so having scaffolding works no matter how high above ground level or with screening will be highly intrusive to us and our children. We understand that it will cover around a third of our garden. We cannot allow our children to play outside during what will probably be some of the most pleasant weather we will have. While I understand there will be protection against falling debris, there will surely always be an element of that risk. I feel sure that given the size of our garden, there may even be rules regarding the wearing of hard hats so close to the scaffold? As per THE CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989. There will also be dust which will not only affect us but Mrs***** who resides at number 16 as she is 84 years old registered disabled and a chronic asthmatic. Mr **** works night and so may be disrupted by the noise of the works while he is trying to sleep. Mrs ***** (no.14) also has a child 10 years old and works from home. In order to appreciate our opinion we would welcome you to come to our gardens to see for yourself.
              We have never asked for the wall to be cleaned in fact in correspondence from ******* and in meetings we were informed that the wall would be rendered and painted. We have merely asked for proper terms, timescales and information of the work to be carried out not only on the roof but for any other works that may also require them to access our property in order to do so and a compensatory payment to be made for inconvenience and restricted use of our property while the work is carried out. Can you clarify if there is a governing Charity policy that would restrict ******** from making such a payment, or is that their policy alone?
              The water damage that you mention is not alleged it is a fact as we have a letter from Mr ***** Head of Housing dated 4th December 2007 stating that an area of our lawn has suffered as a result of the leaking gutter on ********, in an earlier letter dated 16th November 2007 from Mr ***** it states that the gutter has now been repaired, I would like to say that this gutter was only cleared of debris 2 weeks ago, so there is some obvious confusion here that needs clarifying, although we recognise that this is again a problem it is not the issue here.
              The letter we received from Mr ****** does not address any of the terms we required and the letter we received from ******* Builders falls short of what we have requested.
              We feel that costs should not be awarded against us as we would raise objections and that the terms we have asked for have not been complied with.
              If your client’s feel it is necessary to try to obtain costs from a couple with two small children, a single mother and an 84 year old disabled pensioner then we would find this very disappointing considering your client’s ethics as a charity and would ask a judge to take this into consideration.
              We feel that under 2 working days notice to respond to the threats in your letter are not sufficient enough and we ask that you allow us to seek legal advice and until we have we would kindly ask you and your clients to give us at least 7 days before commencing any action that you see fit.
              Yours faithfully

              Comment


              • #22
                Re: Access to neighbouring land act re: scaffolding

                I think that sounds very fair and reasonable. It addresses all the points in their horrid letter which is just designed to intimidate you, and its very polite.

                I don't know about the head protection regulations bit other than that I think its grand.



                mmmm yes does apply just to employees....will be some seperate liability insurancey type thing I guess covering public risk.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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                • #23
                  Re: Access to neighbouring land act re: scaffolding

                  Personally, I'd tell them that if they did finally get their way, you'd make sure the media got the story about how a charity with a £multi-million turnover has bullied and threatened you into submission.

                  Is this the horse racing industry we're talking about? Ex-racehorses or ex-jockeys?
                  My Blog
                  http://cabotfanclub.wordpress.com

                  Comment


                  • #24
                    Re: Access to neighbouring land act re: scaffolding

                    yes it is ex-jockeys, housing, grants etc, an arm of the Jockey Club they are very very rich I would say multi Billon pound but the charity in question will deny they are anything to do with them.

                    I work for the media but I really do not want a war just to come to a mutual agreement.
                    We wish they would explain to us why they cannot compensate us all they say in vague letters is either they are legally unable to, or there are strict rules on them making payments, does anyone know what these legalities are or rules concerning charities?
                    -------------------------- merged -----------------------------
                    we went to see dolly the 84 year old and she wants us to deal with it and is right behind, we are yet to speak to our next door neighbour, we are all on excellent terms and get on well, our son play with her son etc, they have all we think received a similar generic letter we know dolly has anyway we have been in this together since the planning stage and my wife and the two neigbours and went to the council meeting to see it rejected so we think the head of the charity who was very very cross about us objecting has it in for us and is not cooperating through principle
                    Last edited by adamski; 16th June 2008, 04:15:AM. Reason: Automerged Doublepost

                    Comment


                    • #25
                      Re: Access to neighbouring land act re: scaffolding

                      I know there are rules about charities and their making donations of their own, and spending unrelated to their activities.

                      But I really can't see the problem here... they will have budgeted for the purchase and renovation of this property. And I would say that any compensation that they may be obligated to pay out would be part of that budget. So quite how they can justify what they are saying seems a little hard to understand to me.

                      Having said that, it is a charity I support. On the basis that the horse racing industry is, as you say, a multi billion pound industry, and yet so many of those who work in racing are treated appallingly. Unless you are a top jockey, it really is a labour of love. And if you are retired out because of injury, you are literally on the scrapheap.
                      My Blog
                      http://cabotfanclub.wordpress.com

                      Comment


                      • #26
                        Re: Access to neighbouring land act re: scaffolding

                        Yes we support their ethtics, but not the way they treat people outside of racing, which is with contempt and arrogance, we have any friends who are housed by the charity and they do good work
                        -------------------------- merged -----------------------------
                        really unsure of what to do next, send the letter or just give in.
                        Last edited by adamski; 16th June 2008, 15:40:PM. Reason: Automerged Doublepost

                        Comment


                        • #27
                          Re: Access to neighbouring land act re: scaffolding

                          really unsure of what to do next, send the letter or just give in.
                          Definitely send the letter. It's likely that the costs threat is just that and if they actually do make an application, there will be something in writing showing that you are merely wanting to protect your interests and not being deliberately obstructive.

                          It's important to get in writing their agreement to your conditions to allowing them access

                          Comment


                          • #28
                            Re: Access to neighbouring land act re: scaffolding

                            My boss is a Structural Engineer and I spoke to him about this today.

                            He said that if they want to put the scaffolding on your land you are perfectly entitled to charge for this, but the amount you can claim is dependent on the state of your garden, how much use of it you will lose due to these works and how much these works are likely to impede your use of the garden.

                            For example if your garden is on a par with Kew Gardens then the charge should reflect this and vice versa. They have also said that the works will only take place during the working week and working hours not weekends, you have said that you work. This will also make a difference.

                            They are also not required to specify the exact date they will start the works. They only need tell you how many days approximately the works will last, which I believe they have told you is likely to be 14 days. This is not, however, the same amount of time as the scaffolding will be on your land. Have they given you a maximum for this?

                            I read your thread on the Garden Law Discussion forums too and unless the wall of the house that requires the work ie. the wall of the house at the bottom of your garden is built on the boundary to your land, it is not a Party Wall issue.

                            I hope this helps.
                            Last edited by Amy; 16th June 2008, 17:17:PM.

                            Comment


                            • #29
                              Re: Access to neighbouring land act re: scaffolding

                              Ok thanks we will be sending letter tommorrow and speaking to a solicitor will let you all know how we get on.
                              -------------------------- merged -----------------------------
                              Ok Delivered the letter, our next door neighbour the single mother has sent an email, and Dolly our 84 year old neighbour has seen a solictor, the solicitor seems to think they will not go ahead with their threats and has sent them a letter.

                              We have now put the ball firmly back in their court excuse the pun.
                              Last edited by adamski; 17th June 2008, 16:02:PM. Reason: Automerged Doublepost

                              Comment


                              • #30
                                Re: Access to neighbouring land act re: scaffolding

                                Ok I do hope this post does not get merged

                                They have now put scaffoldling on the side of their property and they can now see in 4 of our windows our privacy has been compromised completely which means i have to shut curtains etc to get privacy my children are now unable to play in my garden and they are not even in my property as they plan to do.

                                As they have not intruded on my property there is little I can do, none of this has been mentioned in any meetings or letters sent to me I am so angry they can just seem to do what they like without even a by your leave seems the law is on the side of those with most money and power and not those who make this so.

                                Comment

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