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In densely populated cities disputes regarding oversail are common. It is considered oversailing if an object, plant, scaffolding or crane boom is within the airspace of an adjoining owner. If this is found to be the case then the developer is considered to be trespassing.
Stephensons has extensive experience of drafting oversail licenses and advising on the issue of oversail from the outset through to completion of a license and negotiating fees that are to be paid to adjoining land owners. Call our commercial property experts on 01616 966 229 for a free, no obligation initial chat with one of our legal advisors, alternatively complete our online enquiry form and a member of the team will contact you directly
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Oversail issues are especially widespread with the use of tower cranes. This is because the jib of the crane, due to its length will oversail adjacent sites. Even when the crane is not being used, oversail may occur because the jib of the crane must be left to hang. If it is then consequently blown in the wind, the path of the jib could potentially oversail other properties.
Oversail should not be overlooked by developers; failure to take proper steps could lead adjoining owners to seek an injunction against the developer. If this occurs this can have major implications and costs in terms of the construction methods that have to be used as an alternative. Nearby landowners do not have to demonstrate that any damage has been caused to seek an injunction.
To avoid this issue, developers should seek the advice of a solicitor at the outset. Before commencing use of a crane, certain aspects should be considered. In the first instance, the size and radius of the crane need to be considered. As a consequence of this it will then be possible to see which landowners will be affected. All landowners must be contacted to seek their permission. An oversail license will need to be prepared which will details which landlords and tenants have given permission. The license will also list out a number of other provisions which may include health and safety and insurance. In addition to having to put an agreement in place developers may have to compensate landowners should they request this.
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