What to do if your neighbours erects scaffolding on your side of the fence?
Two pensioners are locked in a bitter battle after one put up scaffolding in the other’s garden. Gill Hayes-Newington, said she was shocked to come home to find the scaffolding in the back garden of her Grade II listed home on Rectory Street in Halesworth, Suffolk.
The scaffolding scales almost the height of her cottage, blocking out views from the property, crowding out her floors and covering her bedroom window. As you might imagine, the story has been widely reported on social media and, by amongst others, the Telegraph, here, writes Zah Azeem, Partner at Wimbledon based Chartered Surveyors Scrivener Tibbatts.
The scaffolding was erected next door by workers employed by her neighbour, Dr Andrew Jones, to allow for repairs to the roof of his own Grade II listed home. The scaffolding is mostly in his garden but also has some struts on Hayes-Newington’s side of the wall separating the two houses.
Dr Jones, who says he owns a thin strip of land on her side where the scaffolding stands, insists he warned her in advance of the works, but Mrs Hayes-Newington claims she knew nothing about it until she returned home one day to find it in place.
She has contacted a solicitor and is considering legal action unless the scaffolding is removed.
As specialists in Party Wall Awards we’re following the case carefully. In general, scaffolding that is put up on someone else’s land without permission is classed as trespass.
In such an instance, a homeowner can apply for an injunction and damages for trespass.
In 2015, in the case of Dawoodi v Zafrani, the High Court awarded a homeowner compensation of £750 after a neighbour erected scaffolding on the claimant’s land without their consent.
However, a homeowner can erect scaffolding on a neighbour’s property as long as adequate notice is given, permission is granted and the repairs are deemed essential.
A homeowner can apply to court for an access order under the Access to Neighbouring Land Act 1992 to access a neighbour’s property for building works the court may deem reasonable.
In addition, under the Party Wall Act 1996, if someone wishes to conduct major building work on or near a shared wall with a neighbour, they must give written notice of the planned works and obtain their neighbour’s permission.
By the time this case gets taken forward one can anticipate the scaffolding will be long gone. But what a shame two neighbours in tranquil Suffolk are no longer enjoying the peace.
If you would like to discuss Party Wall, Leasehold or Freehold valuation issues, please contact me direct via email at zah@scrivenertibbatts.co.uk or call 020 8947 7040.