Crane & Scaffold Oversail Licences

The Law of Tort: Oversailing Licences

William Stevens Consulting are experienced surveyors in the agreement of crane or scaffold oversail licences between Developers and their neighbouring owners.

The oversail of any object, plant, scaffolding or crane boom within the airspace of an Adjoining Owner creates strong feeling between the respective landowners and is a form of trespass governed by the Law of Tort.  To avoid this tortuous liability, agreement between each landowner whether this be implied or express must be obtained.

On constrained sites, traditional tower cranes with a boom set at a right angle will invariably oversail and intersect the airspace of more than one landowner and, in some instances in excess of five within constrained cityscape areas.  To overcome this issue, more advanced Luffing Jib cranes can be hired where the boom is pitched at a lower angle into the sky and therefore will not require the agreement of licences as described above.  However, Luffing Jib cranes are as much as 45% more expensive to hire which amounts to a high proportion on larger construction sites whereby a crane is needed in excess of 40 weeks.

William Stevens Consulting obtains express permission through agreement of a licence that is executed as a Deed.  We pride ourselves on our pragmatic approach and endeavour to agree licences in a timely manner.

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