At Robert G Sinclair & Co we recently successfully utilised our legal skills to protect a client’s rights when their premises were being ‘oversailed’ by a nearby Belfast crane. The sight of cranes on the Belfast skyline is ever increasing as the regeneration of our city continues. The use of cranes is governed by specific legislation including a vast amount of Health and Safety regulations.
Where the jib of a crane overhangs your property this creates a trespass of your airspace, namely the area directly above your property. The issues for our client were the possible danger to both people inside the building and as well as safety for the building itself. Our client also wished to be sure that the developers were adequately insured to cover any damage to his premises.
In order to ensure protection of our client’s rights we went to court for our client but were ultimately able to secure agreement from the trespassers with regard to enhanced safety measures for the operation of the crane. All of this was concluded without halting the progress of the adjacent building works – the regeneration continues!
Should you face a similar situation where your property is being overhung by a crane, it may well be that a trespass is taking place and that your rights are being infringed. Damages may also be awarded against a developer for the trespass of airspace.
At Robert G Sinclair & Co Solicitors, our litigation team will fight to protect your legal rights and will work on your behalf to resolve any disputes as swiftly and efficiently as possible.