When utilising cranes on a development site or where boundaries are too tight for a scaffold, there is a need to be aware from the outset that an oversail of, or trespass onto neighbouring land may occur. Trespass and rights of air are firmly established in English Law and unlawful interference with such rights can be prevented by recourse to the courts.
Where agreement is not reached prior to work commencing, objections may be raised and injunctive relief sought resulting in significant costs and delays to the project. Cooper’s Building surveyors advise both adjoining owners and developers in terms of drafting agreements and assisting in the process of acquiring and placing rights to oversail and ensuring that, where appropriate, adequate compensation is paid.
