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Neighbours Scaffolding in our garden

  • 10-01-2024 01:48PM
    #1
    Registered Users, Registered Users 2 Posts: 2,251 ✭✭✭


    Our back garden backs onto a terrace of houses at 90degrees. i.e. the side of the first house is the back wall of the garden.

    They are getting a roof put on which, without permission, have erected scaffolding in our garden.

    In general I don't have a problem with this, unless they damage anything, but I'm very annoyed at not being asked. Its a dentist in the house, not residential.

    I'm sure there are locations where builders must need it and have a budget for paying for such access.

    I'm just pondering whether to approach the owner but before I do, i was wondering is there an unofficial daily rate I could request for it being there?



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Comments

  • Registered Users, Registered Users 2 Posts: 518 ✭✭✭argentum


    The Dentist should have spoken to you as a good neighbour.

    The builder should have then called into you to show you the locations of the uprights and agreed their location

    They will be as quick as possible and hopefully they don't damage anything but take pictures to be sure

    Why would you look for a daily rate , would you charge a mate if he parked in your drive way while visiting



  • Registered Users, Registered Users 2 Posts: 48,032 ✭✭✭✭Mitch Connor


    They aren't a mate.

    If you lived beside a dentists office would you let them use your driveway for patients cars, for free?



  • Registered Users, Registered Users 2 Posts: 2,251 ✭✭✭pippip


    No, but a mate would ask. I'd be seeing the daily rate as compensation for not getting permission and a lesson learnt for them. I'd see it as if I say no it's going to cost them alot more to sort an alternative solution. I just wondered whether builders have a going rate they offer when met with a no to access.



  • Registered Users, Registered Users 2 Posts: 2,901 ✭✭✭thomas 123


    Presents a health and safety risk to the OPs family also.

    generally hoarding has to be erected and safety signs displayed - I’d be worried about something falling off it onto my child or something of mine getting broken when it’s taken down.

    Bang out of order not to ask for permission or at least say they were doing X and it will be there for Y.



  • Registered Users, Registered Users 2 Posts: 518 ✭✭✭argentum


    compensation is normally paid out to cover a loss ,what loss is there



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  • Registered Users, Registered Users 2 Posts: 1,202 ✭✭✭Baybay


    Free & uninterrupted access to your own garden?



  • Registered Users, Registered Users 2 Posts: 73,509 ✭✭✭✭FrancieBrady


    This seems to be a perfect way to live in a house and not a community.

    Why don't you just approach the owner, explain you would like to be consulted in future, make it clear that any damage should be either put right or paid for and leave it at that?



  • Registered Users, Registered Users 2 Posts: 2,251 ✭✭✭pippip


    Compensation would be if they damage my garden, what I'm effectively doing is renting my garden.


    Ah listen I'm not trying to be prick but I don't want to be taken for a fool and afterwards someone says "oh you should have asked for x, everybody gets that for similar situation"



  • Registered Users, Registered Users 2 Posts: 11,395 ✭✭✭✭Furze99


    I'd be calling into the receptionist and ask to talk to said dentist. Up to them to talk to the builder and ask them why the hell this was done without the courtesy of asking. Request a clear answer and explanation.

    On other hand, if you use the services of this dentist, maybe best to be very diplomatic :)



  • Registered Users, Registered Users 2 Posts: 73,509 ✭✭✭✭FrancieBrady


    Compensation would be if they damage my garden, 

    You are changing the tune rapidly:

    I'd be seeing the daily rate as compensation for not getting permission and a lesson learnt for them



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  • Registered Users, Registered Users 2 Posts: 12,010 ✭✭✭✭GBX


    Approach your neighbour and inform him of your unhappiness and discontent. Highlight the issues: Access, Safety etc. See what their reply and the contractors reply is.

    As for compensation or goodwill gesture - there is nothing that can be enforced. You can obviously ask him how he plans to address this but as you will not be disrupted in earnings, I cant see you gaining anything. I doubt access has been budgeted for - given permission wasn't sought in the first place.

    Let us know what replies you get.



  • Registered Users, Registered Users 2 Posts: 1,630 ✭✭✭Squatman


    theres a good chance that the dentist was unaware that the scaffolding 1 would encroach, and 2 has encroached in your garden. they are a dentist, not a builder, so could be clueless as the the practicality of the build



  • Posts: 14,708 [Deleted User]


    While there is no doubt the neighbour should have asked, just bear in mind that you may want to do upgrades to your own home at some stage, goodwill would then work both ways, as would spite, if some existed.



  • Registered Users, Registered Users 2 Posts: 1,210 ✭✭✭nelly17


    A dentist could be a very usefull person to owe you a favour - I would'nt be too bullish about it. By all means let him know he should have asked as it would have been the Neighbourly thing to do.



  • Registered Users, Registered Users 2 Posts: 8,860 ✭✭✭10-10-20


    i bet the builder will say "I knocked twice on Monday, you weren't there and we had to move on with the build. Sorry about that, finished on Friday. Bye".



  • Registered Users, Registered Users 2 Posts: 237 ✭✭AmpMan


    Go around and knock his teeth it ?

    😂



  • Registered Users, Registered Users 2 Posts: 2,251 ✭✭✭pippip


    Fair point, probably not my best choice of words. Suppose it could be compensation for violation of rights.....stretching.



  • Registered Users, Registered Users 2 Posts: 2,251 ✭✭✭pippip


    Cheers for all the replies. I'll see how it pans out. I suppose I initially thought what's the point in going into them, if they didn't have the decency to ask I can't see what a conversation would achieve. Just wondered if a daily fee was even a thing for access.



  • Registered Users, Registered Users 2 Posts: 6,927 ✭✭✭Alkers


    If it was me I would approach the builder tell him he's trespassing and instruct them to get off the property immediately. Then the ball is back in the dentists court and see what happens.

    That is the height of ignorance to just assume access like that and there could even be liability issues with yourself were the scaffold to collapse or someone injured themselves on your property.



  • Registered Users, Registered Users 2 Posts: 4,218 ✭✭✭tabby aspreme


    Has the scaffolding been signed off by a qualified scaffolder as being safe, there should be safety tags attached to the scaffolding with current dates on them, is it a proper building/ roofing company or some of the Northside, Southside, power washing, gutter cleaning roofer's



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  • Registered Users, Registered Users 2 Posts: 518 ✭✭✭argentum


    Maybe have a word with the dentist and get a free check up would be your best bet to be honest



  • Posts: 14,708 [Deleted User]


    As of course would be your right. If it isn’t too much of a hindrance, I’d be inclined to mention it to the neighbour, but I wouldn’t want it to become an issue. Neighbour disputes often have unintended consequences down the line.



  • Registered Users, Registered Users 2 Posts: 12,010 ✭✭✭✭GBX


    Quite possible this and even the neighbour saying the same. Make it known you are put out by it and should have been asked face to face before the work commenced and see how it goes.

    You could invoice the dentist a daily fee for disruption but that could backfire in time especially if A its not paid as you will feel further aggrieved and B cause long term bad relations with the dentist.



  • Registered Users, Registered Users 2 Posts: 143 ✭✭acceletor


    Personally id just take it down myself.



  • Registered Users, Registered Users 2 Posts: 2,901 ✭✭✭thomas 123




  • Registered Users, Registered Users 2 Posts: 78,692 ✭✭✭✭Victor


    Critical:

    Safety.

    Insurance.

    Security.

    Boundary detail - no gutter overhanging your property without agreement.


    Optional:

    Emotions.



  • Registered Users, Registered Users 2 Posts: 6,093 ✭✭✭OU812


    Absolute no without permission. Call in and tell them to remove it with. 48 hours. After that, solicitor.

    This is trespass plain and simple.



  • Registered Users, Registered Users 2 Posts: 460 ✭✭martco


    oh there's a hundred things wrong with this scenario

    don't interfere with it yourself tho! get a solicitor with experience in property conveyancing etc. and get a cease and desist letter send to all parties (owner, builder, architect if one involved)

    also is there planning involved on their part? if so get on to the planning inspector inform them

    and also inform the HSA they are operating unsafely (they're nice and zealous I've heard)

    the worst case is any accidents/damages you'll have a track record of attempting to objecting and resisting it, you can easily claim indemnity/take them to court etc



  • Registered Users, Registered Users 2 Posts: 46,857 ✭✭✭✭muffler


    Seriously? Are you aware of neighbour's entitlements under the Land Conveyancing Act?



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  • Registered Users, Registered Users 2 Posts: 2,901 ✭✭✭thomas 123




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