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WHAT IS A SCAFFOLDING EASEMENT?

A scaffolding easement is a right that allows an owner of a property to place a scaffolding on the property of another to carry out construction or renovation work. This right is similar to an easement of way, but instead of allowing access to the property, it allows the use of the property to place a scaffolding.

The scaffolding easement is an important right for anyone working in the construction or renovation of buildings. Without it, the owners would have to obtain permission from each neighbouring property owner to place a scaffolding on their property, which could be expensive  and delay the project.

To establish a scaffolding easement, it is necessary to obtain the consent of the owner of the property on which the scaffolding will be placed. Consent can be given verbally or by written agreement. It is important that the agreement clearly states the scope of the easement, the duration and any other relevant terms.

Once a scaffolding easement has been established, the owner of the property on which the scaffolding is going to be placed cannot deny access to the property to put the scaffolding. However, the owner of the property can set limits on when and how scaffolding can be placed, for example, to ensure safety and minimise disruption.

In addition, it is important to note that the scaffolding easement is not an absolute right. If the owner of the affected property suffers any damage or injury as a result of the placement of the scaffolding, a claim can be started against the owner holding the easement. Therefore, it is important that owner of the property holding the easement take steps to minimise any damage

In some cases, it is possible that the owner of the property on which the scaffolding is placed may demand compensation for the us of the property. If this occurs, the  owner holding the easement can negotiate a compensation agreement or file a lawsuit to have a reasonable compensation.