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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9064
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are having issues with getting permission from

Customer Question

Hello ,
We are having issues with getting permission from our neighbours A Methodist Church to build our extension. They have refused to allow scaffold onto the land unless we pay them �1000 up front - agree to pay �50 a day if the extension goes over the five week period of summer holiday they say it must be completed in( this is not feasible ) and should any damage be made to their existing fence beneath the scaffolding ( a forty year old fence already very pore condition where drivers have hit it countless times and in current need of replacement that we must replace the entire fence along their boundary which is in excess of the area covered by the proposed scaffolding. We have come up with an option of not having scaffolding at ground level but counter levered over ten feet above and drilling through the current wall to If they refuse us permission to use their air space could we be sued for Trespass and what are the likely fines which we could be sued for. Many thanks Lorri Sm
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Hi Lorri I am sorry you had to wait for an answer. It sounds as if the Church is being extremely difficult. However a this is not necessary but voluntary work you cannot force them to give you access. Overhanging their land is indeed a trespass, They could seek damages and an injunction. They could only get an injunction if the trespass was more than trivial so that it obstructed their use of their land. Damages are intended to be compensation for actual loss - we do not generally have punitive damages in the UK so if there is no real harm any damages are likely to be nominal. You mention fines but this is a civil not a criminal matter so they would have to take you to court. It is not a matter for the police or the criminal courts ( only trespass on land such as railway land is a crime).

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