The construction of a multi-storey building will generally require the use of a crane and if the site is within a built-up area it may be necessary for that crane to oversail adjoining properties. On the basis that a landowner’s rights stretch all the way up to the stars the adjoining owner’s express consent will be required.
If an adjoining owner does consent to access they will normally want the assurance of a formal License and that License will generally include a consideration.
It would generally be considered too dangerous for a crane to pass over an adjoining owner’s land while loaded so the License will restrict the oversailing to when the crane is out of use.
Crane oversailing Licenses have become less common in recent years with the more widespread use of cranes with luffing-jibs i.e. jibs that tilt giving a variable working radius. However, luffing jib cranes are more expensive to hire than tower cranes with fixed jibs so are only used in situations where access over adjoining properties is either not possible or prohibitively expensive.
Prior to the crane being erected a written record of those parts of the adjoining owner’s property which are at risk from the works should be taken together with a set of supporting photographs. This schedule of condition is then attached to the Licence and can be referred back to if damage is reported.