Q. We need to maintain the roof of a semi-detached house and our neighbour has agreed to allow scaffolding on his property. However, our builder says the neighbour’s part of the roof is unsound and will not bear the weight. What is our legal position with regards to progressing with our repairs?
A. There is no general right for a person to erect scaffolding on a neighbour’s land. To do so without permission would be a common law trespass. The occupier could apply to a court for an injunction to remove the scaffolding — and seek damages for interference with the use of his property.
There are three main exceptions to this. In some cases, rights are expressly reserved over land for a neighbour to carry out maintenance. This is fairly rare with freehold property, but more common with leases of flats. Second, in many cases where works are carried out on or near the boundary between two properties, the work is subject to the Party Wall etc Act 1996. Section 8 of the Act includes a specific right of entry for someone to go on to a neighbour’s land during usual working hours to carry out works, and it is common for party wall agreements and awards to make specific provision for scaffolding and strengthening works. Third, under the Access to Neighbouring Land Act 1992, a landowner is allowed access to carry our basic maintenance to his own property. The procedure can be rather complex, but it is at least arguable that the legislation authorises someone to carry out necessary preparatory work on a neighbour’s land — such as strengthening a roof — to enable scaffolding to be put up.
Plainly, the best course is to reach a voluntary agreement with your neighbour to improve his roof and erect the scaffolding. You may also be able to carry out strengthening work under party wall legislation. However, the best legal option is almost certainly to invoke the procedure under the Access to Neighbouring Land Act 1992.
The writer is a barrister with Tanfield Chambers. Email your question to: brief.encounter@thetimes.co.uk