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Erection Of Scaffolding

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janet44 | 11:09 Fri 26th Jun 2015 | Civil
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We are having a double storey extension built and had not considered the party wall agreement. Building work started and scaffolding was erected that encroached on my neighbours drive (although the builders had obtained his verbal permission) He then insisted that we took out the party wall agreement and insisted that the scaffolding was removed until this was in place. This has now been done and he has signed the agreement, but will not allow the scaffolding to be re-erected (although he has been made aware that he must allow it due to Health and Safety) until he receives drawings of where the scaffolding is going to be put, although it is in the same place as before. Can we go ahead without the drawings being done.
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Can you not sketch the positions on the back of a fag packet for them ?
How far is the new extension from the boundary?
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Hi The Builder, approximately 1 foot.
Ah ........ I was just wondering if there was enough room for a reduced-width scaffolding, to avoid his drive altogether. I'm afraid not, though.

I'm not a lawyer, but, as a builder, I think the neighbour is just being a prat. I like OG's fag packet idea. Really, that's all that is needed. The guy is simply enjoying his brief period of "power".

Ask the scaffold supplier's "surveyor" to draw a simple, official sketch. Preferably on headed notepaper.

That'll let the neighbour feel important, and settle the thing.
I would do the drawings and do your utmost to keep him onside

I am certain Builder knows chapter and verse on this

this has caused SO much litigation that there is now even an act of parliament to cover it - since I took my neighbour to court for putting up scaffolding on my property having had legal advice from Milne & Lyall that he could do so

and this is what happened to Milne and Lyall twenty years later !

http://www.bridportnews.co.uk/news/8738920.Bridport__Solicitors_probed_after_Panorma_tv_programme/
I find it difficult to believe the party wall agreement (assuming it was done properly) didn't make clear the extent of the "invasion" of his property & its location.

If the agreement is clear on this I can't see how he can object to the scaffolding being re-erected.

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