Temporary access over adjoining land is becoming more prevalent in Towns and Cities especially where space it tight and buildings are built in close proximity or right up to the boundaries, often to maximize the development site. Temporary access over adjoining land is often required to construct the building project more quickly and economically.

Maurice & Associates Chartered Surveyors provide a bespoke service to obtain the correct permissions with both adjoining landowners and developers. We always endeavour to create an amicable settlement between the respective parties to obtain a win-win outcome.

We have several years of proven experience in negotiating, preparing and completing access agreements for property development,  improvement or maintenance works.

It is common for property developers to require  temporary access to adjoining land, especially for buildings of two floors or more. Prior consent is often needed to use real property (land, airspace or subsoil), otherwise such use without consent could be trespass. Trespass (to pass beyond) is a wrong or tort. The most common legal remedy is a prohibitory injunction to stop the trespass. Since an injunction may result in delays and increased costs to the project, it is prudent for developers to get necessary agreements in place, at the outset.

There are limited Government statutory rights which could be used for temporary access, such as the Access to Neighbourlng Land Act 1992 and the Party Wall etc Act 1996, amongst others. These Acts have narrow definitions and will only apply to very specific circumstances or necessity.

Maurice & Associates have experience in acting for the developer or adjoining landowner. If you require assistance regarding negotiating access agreements for the temporary use of land and airspace, then do contact us.

Scaffold & Crane oversailing Licences

During development in built up areas, the cranes arm and scaffolding may oversail adjoining properties or encroach on adjacent land and airspace.

Licences for crane and scaffold to oversail are an agreement between two respective landowners, agreeing to the use of the neighbouring land and airspace. Agreements prevent potential claims and injunctions. On some occasions this can generate strong feelings amongst respective land owners and can be a significant ‘risk’ to any construction project.

We often advise on a risk management strategy and any temporary use of land to be formally documented by way of a written licence agreement. This will clearly indicate the terms, conditions and  deal with any inconvenience that may occur during works. The licence agreement will help in in dealing any problems that may arise and avoid any misunderstanding.

We have several years of experience in acting for both the Licensor and Licensee. Our in-depth knowledge ensures suitable clauses are inserted in such agreements.

Maurice & Associates negotiate terms and conditions on your behalf to facilitate such agreements and ensure your rights and interests are protected.