Apart from very limited circumstances, there are no rights to use neighbouring land or airspace in order to enable construction works. Scaffold footing and crane swinging onto and over neighbouring land(s) are common examples of types of work which may require such use, otherwise known as trespass.
Early identification of the need for trespass licences to enable construction works can avoid having protracted negotiations further down the line. In many circumstances agreement cannot be reached, which often means expensive last minute decisions need to be taken to avoid trespass.
As there is no statutory mechanism for allowing these types of trespass, the negotiation is effectively an open market one, whereby a fair consideration is agreed in return.
GVA Schatunowski Brooks has significant experience agreeing these types of license, which require careful and sensitive negotiation couple with a thorough understanding of alternatives.
Frequently these types of licence are agreed as part of an overarching agreement between neighbouring parties, which may also include common law Rights of Light.
We have over 40 years’ experience successfully assisting our clients with:
- Developer/building owner strategic advice;
- Adjoining owners advice;
- Negotiation of licence pricing and/or reciprocal agreements;
- Consideration of alternatives to agreeing licences, such as amended design or construction methods;
- Drafting and executing formal legal agreements/ licences.