What is Trespass and Over Sailing?

Mark Cummings

Over sailing is a type of trespass which occurs when a piece of building equipment, such as a crane, intrudes on the space above your property. 

All around the UK, houses are being built at an unprecedented rate. Developments are springing up in cities, towns and villages. New developments range from small scale developments of just a few properties, to large housing and commercial developments, and even whole new towns.

Whilst all of these new properties are being constructed, scaffolding, crane towers or other building equipment could "over sail" the adjacent owner’s property, having an impact upon their use and enjoyment of their own property. Compensation can be payable to property owners who have been "over sailed". 

The owner of a property owns the airspace above it. This means that unless there is an agreement with a developer allowing them to "over sail" a neighbour, any works which over sail the adjacent property would be a trespass. In some cases, the owner of the over sailed propery could obtain an injunction to prevent the building works from progressing.

At Samuels Solicitors, based in Devon, we are specialised in negotiating over sail agreements to ensure that development works can be undertaken. The purpose of these agreements is also to protect the adjacent owner’s positon and the agreements typically include clauses about the work methodology, relevant insurance in case of any issues, financial compensation and payment of the adjacent owner’s costs.

Therefore, if your property has been, or is about to be over sailed by a developer, we can assist you in negotiating an agreement to protect your position.

Contact us by calling 01271 343457 today for a free discussion with a property law expert. 

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