To wonder if I would be liable if this boy falls of my roof.

[AccioPinotGrigio]

This boy is actually 20 so actually an adult who should know better.

He is the son of my lovely neighbour who is on holiday abroad and so for the last four days there has been a low level rave in her house (this always happens when she is away, she knows it and apologises in advance for any annoyance). Fortunately, it is bearable and we can vaguely remember being young so tend not to be bothered by it.

However, at 6.50 this morning we were woken by loud noises on the roof. It turns out that some friends of the son wanted to get in, he couldn't hear them knocking at the front door so one of them came into our back yard (low walls), climbed up our drainpipe, crossed our roof and let themselves in through his attic bedroom window. We live in a terrace and DH and I sleep in the attic room of our house right under the roof. In the process they have also snapped the plastic overflow pipe from our upstairs toilet.

DH went downstairs and bollocked them. They apologised forlornly.

The thing is, the son has done this roof climbing thing before at least once that I know of for sure. I caught him shinning up our drainpipe last summer. He said he was locked out, didn't have a key, couldn't get hold of his mum. I figured it was a stupid thing to do but basically a one off emergency so let it go by. I couldn't stop him although I did ask him to get down.

Since that first incident we have had a couple of leaks in our roof, I am now wondering if they were caused by him. I am not going to pursue that because I can't prove it but I really can't let this go on. I can't have the damage to our property and more importantly I can't have him or his friends falling off our roof. I will certainly speak to his mum about it and we will look at practical ways of preventing him climbing again.

AIBU to think that if, god forbid, he fell off our roof we would be liable? If this is the case WIBU to log the situation with the police. I really don't want to do that to his mum though, she is lovely and doesn't need the hassle right now.

Also I don't know if I have any insurance to cover this sort of thing? I am having a few issues getting cover for buildings and contents at the moment so I fear I might not even be covered. That's another story.

Sorry this is a bit longer than I planned. If you got this far thanks and WWYD.

Yes talk to his mum when she returns and tell them that the next time you will call the police

you don't need to take practical steps to prevent him from trying to climb your property, he shouldn't be doing it - trespass

Accio...it is NOT acceptable conduct. None of us can allow our fun to make others lives unbearable.

He is 20. Leave his mum out of it and just send him the bill for repairs. He has to grow up a bit and realise his actions have consequences.

I wouldn't bother the police for a bit of trespass and accidental damage. I'm sure the threat would be enough.

you can get "anti-climb paint"

it forms a skin, but underneath, it is sticky and slippery. Very useful for putting on drainpipes and anything else people might climb up. If you don't apply it within 6 feet of ground level, no-one will accidentally brush against it and get it on their clothes.

As well as being difficult to climb up (because you can't get a grip) it leaves wet paint on your hands so is very annoying to burglars.

You can put up a warning notice if you want.

Don't talk to his bloody mother, he's an adult! Talk to him now and tell him in no uncertain terms that if he ever goes into your property again without permission you will call the police. You may not feel you want to charge him for damage to the roof, but I would tell him that he will get the bill for the repair of the damage by his friends.

For goodness sake, this isn't complicated.

FYI Most insurance policies have an element of public liability insurance so your insurance probably would provide cover is something happened.

i have a 20 year old living at home and I would be livid if I found out he was doing this but I would be equally livid that I was being involved.

He is an adult and can deal with the consequences of his behaviour himself.

You are not liable if someone hurts themselves on your property due to their own stupidity. They are not there with permission. If you put spikes on your fence (illegal) and then a thief hurt themselves - yes they could sue.

Thanks for all the replies and comments. I think the anti-climb paint is definitely the way to go with due care taken to avoid any innocent parties getting marked by it.

DH had another word with him this afternoon along the lines of, if you or any of your friends do it again we will consider calling the police. Actually, they were lucky none of the other neighbours saw them doing it and called the police anyway.

I am still undecided on talking to his mum. I know he is an adult but she is a friend and I know she will ask me how he behaved whilst she was away. Do I have to just grit my teeth, smile and say 'he was wonderful'. Also, if he does one day climb up there and fall off I beliove she would be very angry that we hadn't told her it was a regular activity.

Just be honest, don't complicate things so much.
She asks how he behaved you tell her that his friends climbed over your roof and caused damage for which he will be getting a bill. Then talk about something else. If she wants the ins and outs just tell her to speak to him.
You shouldn't need to spend money on anti-climb paint to prevent a neighbour from trespassing on your property and causing damage.

He is 20, no you wouldn't be liable. The law would say he and his friends are perfectly capable opf knowing that this isn't reasonable behaviour. And you haven't made any unusual alterations to your roof that would make it more dangerous than any other roof.

You should tell his mum as well though as not telling his parents could be seen as unreasonable and creating a tiny risk for you if anything happened. But other than that, don't worry IMO you don't have any legal liability.

And with anti climb paint you do have to put up notices warning that it is there as otherwise you could be liable if anything happened. Basically anything that an ordinary roof would not have may create some liability.

I'd have a word with him
Tell him outright you do not want anyone ccoming into your garden without consent and that they must never climb on your property
Say you want the names and addresses of the friends as they will be getting a bill for the damage they have caused

Do call the police nest time
It may be a burglar, just because they have done it before you can't assume it IS his pals trying to get in

You need to tell him it's not acceptable.

If you let him carry on doing it, then it is possible that if he did fall and injure himself you could be seen as having condoned it if you don't do something to stop him. Being boring and legal for a minute, it's the difference between the Occupiers Liability Act 195something and the Occupiers Liability Act 1984 - the first is for lawful visitors, the second for trespassers, and the first places a higher duty on the occupier (you) than the second.

If he (or his friends) do it again, you have to repeat the 'don't do this', and yes, back it up with a bill for damage, and the anti climb paint (for which I would charge him, and for which, yes a clear notice is needed!). I would mention it to his mother, purely so you have a second person who knows that he is not allowed to do it should he then fall.

If you're seen as condoning it by not telling him off every time, then he could be a lawful visitor under the OLA 195? which could put you in the absurd position of having to make sure your roof is safe for him or his mates to walk on....

That's a very, very potted version of the civil law - can you tell I just taught it for the umpteenth time, but that I have no memory for dates of legislation.... :o

Fluter, there is no way that the OP could be liable under either Occupier's Liabillity Act. He isn't coming through her garden as a tresspasser and potentially injuring himself on say, a faulty garden gate (which would be the 1984 Act) or with as a lawful visitor come to that (1957). The moron is climbing across her roof. Other than the direst of emergencies roofs are not recognised forms of entrance or exit from houses. No one could consider the OP to be condoning his idiocy.

Like Georgimama has said you would not be liable, a roof is not meant to be climbed on, they are adults and should know better, they have been warned, next time call the police.

Thanks for your input everybody. Much more food for thought particularly on the need for signage accompanying anti-climb paint. I believe our local police offer guidance to homeowners on making their properties secure, including what is and is not lawful/acceptable. I might see if I can get some advice from them without being too specific about the reasons.