Compensation from Developers Encroaching on Neighbours' Airspace

Mark Cummings

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With increasing pressure on housing throughout the UK, and the general desire to protect green spaces, there is an increasing tendency for residential developments to be squeezed into spaces between existing properties.

These sites can have difficult access and can be notoriously difficult to develop and it is not uncommon for developers to use a crane or tower to assist in the construction. Problems can arise if the crane or tower encroaches over a neighbour’s airspace. This type of encroachment by a neighbouring developer, may amount to a trespass. 

Whilst most developers will be considerate to their neighbours, and make sure they have the appropriate agreements in place before a development starts, this is not always the case. 

A neighbour whose land is encroached upon in this way, could be entitled to seek an injunction, without having to prove any loss, to stop the building work and obtain a proper agreement with the developer.

What is required is an “over sail agreement" which permits the developer to encroach over the neighbour's airspace, often in return for payment of compensation and legal costs. The neighbour can also require that the developer is appropriately insured, to make good any damage to the neighbour's land. 

If you are a development company, emabrking on the development of a difficult site, or living next door to such a development, we can assist you.

Samuels Solicitors, based in North Devon, have a wealth of experience of advising developers and property owners in the South West and beyond, and a particular specialism in resolving neighbour and boundary disputes

Contact us today for a free, no obligation discussion with an expert.