scaffolding restricting access to my property...can i insist it is removed or altered?

[joko]

scaffolders have put up scaff all along the back of my property.
there is a bar across the alleygate, and initially they actually put one down the centre of my back gate - which they moved when i told them too.
i want the alleygate one removed too as this weekend my parents are closing down their business and a lot of units and shelves etc are to be stored in my garden -- through the alley -- these guys told m they'd be gone my midday today but they are not and i doubt they will tomorrow either - they lied -
my oarents have to be out of the property by monday and so we need this access.
my neighbour did not inform us that our acces would be restricted this weekend - we knew nothing about it.
we only want this one bar moving, but he claimed he can't - i have had a good look and i think it could be out behind the door rather than in front.

can i insist that they move?
anyone have any sort of legal jargon i can say to them to at least make them move the pole?

cheers

[auzzie]

My husband is in the building trade and does not have a good word about scaffolders, good ones are very few and far between. They seem to have their own rules, not necessarily legal! We had a firm to put scaffolding up at our house when we got back from work them had walked allover my flowers and flattened some with the scaffolding. It could easily have been avoided. In all fairness to your neighbours, they may not know or were not aware of where the scaffolding was going. They may have employed a builder who employ scaffolders, these are not always the same firm. I don't know the legalities of this, i'm sure someone will let you know. I would speak to your neighbour and see if they have employed a builder or are they doing the works themselves. I think you are in your rights to demand it be taken down provided it is not shared land in some way. Even so they should have notified you. Good luck

[Gmcd01]

What you have to bear in mind is that any threat of legal action probably won't even faze them- they probably will be finished soon (If not as soon as they say) and therefore would think that any legal action would be a bluff; it would be far too lengthy and they would probably deem the matter too trivial for you to proceed with (I'm not saying this matter is a triviality).
That said, try this:
You are on my property, and under the principle as established by Entick v Carrington (Every invasion of land, be it ever so minute, is a trespass), you are a trespasser. If you fail to vacate the area stated, and restore my rightful access to the property, I will commence proceedings under the principle as expounded upon through Kelson v Imperial Tobacco, seeking damages and if necessary, an interlocutory injunction. Your co-operation in this matter would be greatly appreciated; to resolve this situation without legal representation would be of benefit to us both.

Failing that, take the pole out yourself and disavow all knowledge if the thing comes crashing down.

Oh, if I've misunderstood the fact about where the scaffolding is and it isn't actually inside your property, use the case of the 'Duke of Rutland'; it was established that one does not have to be on your property to trespass, the fact that the defendant was interfering with the enjoyment of land was enough.

[Whickerman]

Can I just point out that interfering with scaffolding is a criminal offence, so please don't take the advice above...?

[buildersmate]

So scaffolders win both ways? - they can put the stuff up where it blocks, as no-one can take it down.

[Gmcd01]

Hence the idea of disavow all knowledge! Plus, if the intention was to pull the bar down, somehow I think it would have been done by now!