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Service Charge Consultancy | Schedule of Condition (for Attachment to a Lease) | HMLR Lease Plans | Lease Covenant Advice | Insurance Reinstatement Cost Assessment | Licence for Access | Licence to Alter | Licence to Oversail | Licence Compliance Monitoring | Licence Compliance Report | Licences for Improvements | Contract Administration (Service Charge Works)
Service Charge Consultancy | Schedule of Condition (for Attachment to a Lease) | HMLR Lease Plans | Lease Covenant Advice | Insurance Reinstatement Cost Assessment | Licence for Access | Licence to Alter | Licence to Oversail | Licence Compliance Monitoring | Licence Compliance Report | Licences for Improvements | Contract Administration (Service Charge Works)
Licence to Oversail
In maximizing the potential of a development it may be desirable to build right up to the boundary with a neighboring property. However in order to facilitate such works it may be necessary to work from, or position scaffolding on or over, the land of a neigbouring Owner. As there is no automatic right of access on or over the land and premises of another Owner, their outright consent is required to carry out such operations otherwise an act of trespass is likely to be committed.
This also applies to the boundary between the airspace above different premises, as it may be necessary for a crane servicing a construction site to extend into the air space above a neighbouring property and over sail the land and premises of a different Owner.
In exchange for granting consent an Owner may request certain terms or conditions, which will form the basis of an agreement or licence between the parties. If adequate consideration is not given to this prior to the commencement of works on site, such access requirements can often give rise to lengthy delays once works commence on site.
Barker Associates are able to attend to such matters on behalf of our clients and identify where such issues are likely to exist, along with the parties affected and in most situations obtain contact details to commence negotiations. We are also able to negotiate the required consent and document any terms or conditions agreed between the Owners within a licence, or provide guidance to solicitors where more formal licence agreements are being produced.
