Deeds scaffold and a very unreasonable fee

Deeds scaffold and a very unreasonable fee

Postby PeachS » Tue Sep 12, 2017 3:20 pm

Hello,

We are building a new home and needed to drop 2 scaffold poles onto our neighbours lawn. Within our deeds we have a right for maintenance etc and we wrote to our neighbour to check it was ok and they replied by email saying it was ok as long as we take responsibility for repairs (which we do, and as covered in our deeds).

Fast forward 4 days and the scaffold is up, including two poles on the front garden as agreed. Except then our neighbour has now said "he forgot to say that there is a fee of £thousands" for the scaffold.

Needless to say, suggesting this after the scaffold is up is pretty unacceptable.

There was an option to keep the scaffold on our land only, but the scaffolders suggested it was easier and better to add two legs to the neighbours garden. Had we known there was a fee of £thousands we would not have added the legs. We can have the scaffold taken down / adjusted but that will be at extra cost too.

Has anybody ever had such a situation? Our neighbour is generally a nice chap, but this really is unacceptable to suggest a very large fee after the scaffold is up.
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Re: Deeds scaffold and a very unreasonable fee

Postby span » Tue Sep 12, 2017 8:37 pm

What basis does your neighbour have for asserting that there is a fee of thousands due?
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Re: Deeds scaffold and a very unreasonable fee

Postby PeachS » Tue Sep 12, 2017 8:54 pm

No basis given. Just that he forgot to mention a £ several thousand fee for two scaffold poles taking up 0.5sqm just pretty much on the border.

I guess inconvenience or ground rent or something similar. The contractor has committed to repairung / turfing the lawn if required.

So, I guess the basis is because they think they can extort £thousands.
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Re: Deeds scaffold and a very unreasonable fee

Postby MacadamB53 » Tue Sep 12, 2017 9:28 pm

PeachS wrote:No basis given. Just that he forgot to mention a £ several thousand fee for two scaffold poles taking up 0.5sqm just pretty much on the border.

I guess inconvenience or ground rent or something similar. The contractor has committed to repairung / turfing the lawn if required.

So, I guess the basis is because they think they can extort £thousands.
tell them you ain't paying, end of
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Re: Deeds scaffold and a very unreasonable fee

Postby ukmicky » Tue Sep 12, 2017 11:39 pm

Just to add something .

As they gave permission it doesn't really matter but a standard right of access for maintenance purposes would not allow you to place scaffolding on your neighbours land. A right of maintenance would not allow you access to build a new property. If it was for a former property on the land you are building on the right may now also be void.

As for their demands they cant extort money out of you for previous placement of the scaffolding but can withdraw their permission provided they give you a reasonable period to remove it.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Deeds scaffold and a very unreasonable fee

Postby stufe35 » Thu Sep 14, 2017 11:54 am

Buy yourself some time by writing back to them saying you are surprised by the high fee requested, and are not sure of the legal situation, but do not rule out paying a reasonable fee, you will get back to them in the next few days when your solicitor has advised you..

Crack on and get the job done.

Take your pick what to do after that.

Perhaps write to him saying his late suggested fee is unreasonable as the verbal contract you entered into with him when he gave permission involved no fee and that had he suggested such a fee at that stage you had other options you would have taken that were cheaper. But heres a bottle of wine or £100 or whatever as a gesture of good will and thank you for making the job easier.

PS get record photos of the condition of his garden ASAP
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Re: Deeds scaffold and a very unreasonable fee

Postby Collaborate » Mon Sep 18, 2017 7:28 am

stufe35 wrote:Buy yourself some time by writing back to them saying you are surprised by the high fee requested, and are not sure of the legal situation, but do not rule out paying a reasonable fee, you will get back to them in the next few days when your solicitor has advised you..

Crack on and get the job done.

Take your pick what to do after that.

Perhaps write to him saying his late suggested fee is unreasonable as the verbal contract you entered into with him when he gave permission involved no fee and that had he suggested such a fee at that stage you had other options you would have taken that were cheaper. But heres a bottle of wine or £100 or whatever as a gesture of good will and thank you for making the job easier.

PS get record photos of the condition of his garden ASAP


Sounds like sound advice provided you can build a home in a week. :wink:
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