Tower cranes are a ubiquitous sight on construction projects across England and Wales. However, their reach often extends beyond the developer’s own property line, raising questions about crane oversailing rights and potential trespass. In this article, Crane Oversailing Rights, we take a look at the process and mechanism involved.
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The Ownership of Airspace
A fundamental principle in English and Welsh law is that a landowner owns the airspace above their land “all the way up to the heavens”. This means that any intrusion into this airspace, including the jib of a crane swinging over a neighbouring property, could constitute a trespass.
Developer’s Obligations
Knowing this principle, developers must be mindful of potential airspace infringement when planning a construction project. Here’s what they need to consider:
- Obtaining Permission: Oversailing a neighbour’s land without permission is a trespass, and the landowner can seek an injunction to halt the activity. This can significantly delay construction and incur legal costs.
- Negotiating a Crane Oversailing Licence: The most common solution is to obtain a crane oversailing licence from the affected landowner. This is a formal agreement that grants the developer the right to oversail the property for a specified period and outlines the terms of access.
- Negotiating Considerations: Negotiations for a licence may involve factors like:
– Duration of Oversailing: The timeframe for which the crane needs to oversail the property.
– Frequency of Oversailing: How often the crane will need to swing over the neighbouring land.
– Restrictions on Crane Use: Any limitations on the weight or height of objects lifted by the crane while over the property.
– Compensation: Financial compensation for the inconvenience caused to the landowner. This could be a one-off payment or ongoing depending on the impact.
Landowner’s Rights
While developers need to be mindful of airspace rights, landowners also have a role to play:
- Right to Refuse Oversailing: Landowners have the right to refuse a developer’s request for a crane oversailing licence. They are not obligated to grant access simply because it would benefit the construction project.
- Negotiating for Compensation: As mentioned earlier, landowners can negotiate for reasonable compensation for the inconvenience caused by the crane oversailing their property. This could take various forms, depending on the specific circumstances.
- Seeking Legal Advice: If a developer approaches you for oversailing rights, it’s wise to seek legal advice to understand your rights and negotiate the terms of a potential licence effectively.
Alternative Solutions
While crane oversailing licences are the most common approach, developers may explore other options depending on the project and site constraints:
- Relocating the Crane: If feasible, repositioning the crane on the developer’s own land might be a solution to avoid oversailing.
- Alternative Lifting Methods: Depending on the project requirements, exploring alternative lifting methods like mobile cranes or hoists could eliminate the need for oversailing.
- Acquiring Additional Land: In some cases, acquiring a small strip of land from the neighbouring property might be a viable option to provide the necessary clearance for the crane.
Conclusion
Crane oversailing rights require careful consideration from both developers and landowners. Developers must ensure they have the necessary permissions to avoid trespass, while landowners have the right to protect their airspace and negotiate fair compensation for any inconvenience. By understanding the legal framework and exploring alternative solutions, both parties can navigate this situation effectively and minimise potential disruption during construction projects.
If you are a developer facing challenges with crane oversailing rights or a landowner approached for a crane oversailing licence, Blackstone Solicitors can help. Our experienced property law team can advise you on your rights and obligations, negotiate favourable terms, and ensure a smooth construction process.
How we can help
We have a proven track record of helping clients deal with crane oversailing rights. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Commercial Property Solicitors
It is important for you to be well informed about the issues and possible implications of dealing with oversailing rights. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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