Can we take their crap off of our roof?!

[JohnnyMarr]

As the title outlines really...

My elderly mum is endeavouring to sell a garage. She's had a fair bit of interest, but we're experiencing a bit of an issue in that the garage (which is in a block, if this makes a difference) has a flat roof and the people living in the flat adjacent to it have taken it upon themselves to turn said roof into some kind of patio garden area and have installed garden furniture, a washing line, a barbecue and various other miscellaneous paraphernalia!

The title deeds make it perfectly clear that they don't have any legal right to do this, yet despite multiple (perfectly civil) conversations and subsequent written requests to either A) remove the aforementioned crap or B) Discuss an arrangement whereby we come to some acceptable agreement regarding maintenance and repairs to the roof they have failed to engage with either alternative.

My mum's personal circumstances dictate that she really needs to sell the garage and she's becoming increasingly distraught by the current BBQ debacle - whilst I obviously appreciate that this isn't a long term solution, are we nevertheless within our rights to just stick a ladder up there and remove their stuff given their prolonged refusal to cooperate?

I'd also really appreciate any other advice. Solicitors are involved but taking forever and costing a fortune my mum really can't afford until the garage sells so stuck in a bit of a Catch 22

This is giving me serious Mexican house thief and garden gate lady vibes

Absolutely.

I would be contacting the planning department and would also be fitting a railing in front of the patio doors too.

Necky gits.

I'd be going up there myself and taking everything off it.

As PPs have stated.

Report the patio doors to the planning department, explaining the trespass and the H&S implications of falling through a roof structure not meant for load bearing. ASAP

Take all the stuff of the roof and leave it outside their house to be disposed of as they see fit. Or get a solicitors letter sent to them. Good idea about seeing if there is insurance for legal help. I would treat it the same way as if the stuff was in a garden belonging to your mum. CFs.

Is it just your garage roof they are using or half yours/theirs or more garages?

If it’s just yours I would absolutely remove their crap and some kind of anti climb paint. And if half/half I’m probably petty enough to still do it but just to my half.

If multi owned - have you spoken with the other owners. Might have strength in numbers.

You need to remove their stuff now. You've given them plenty of warning. And make the new roof impossible to use.

I would be so mad I'd remove the bloody roof rather than let them carry on taking the piss.

As PP have said, you’ve given them a deadline.

Get a tradesman to install a small fence on the roof right intro of the patio doors so they can’t open them.

Remove their crap and leave it outside their door.

Paint the roof with anti vandal paint.

Report them to the planning dept and building regs for the patio doors.

Assuming the doors open outwards you would need little more than a large wooden sleeper fitted to stop them opening.

Is there a management company or residents association. You have done all you can, time to take the legal route now, contact the police as they are trespassing. Whoever comes to look at buying will ask why are there patio doors leading to the garage so a fence could be a good idea

Trespass is a civil matter - however criminal damage or indeed fly tipping are actionable.

I can't believe their level of taking the P!!

You should have fitted some railings or a fence panel or similar on your roof against their patio doors to stop them from accessing the roofspace.

@YoungGiftedPlump

Assuming the doors open outwards you would need little more than a large wooden sleeper fitted to stop them opening.

This it’s quick and will cost less than another solicitors letter.

I wouldn’t hesitate to remove their crap and prevent them from gaining access to the roof. As PP said, if the roof caved in they’d make a claim against your DM.

I don’t think I have the patience you have. I’d be removing their things, carefully, and doing what I could to prevent access whilst speaking to the planning dept.

@user1497207191

You should have fitted some railings or a fence panel or similar on your roof against their patio doors to stop them from accessing the roofspace.

I'm guessing OP mum bought the garage as an investment and didn't know what had been done till she turned up one day and saw it. You don't imagine that anyone will build a patio door to access your property!

Contact the Planning Department at the council to see if they have planning permission. I very much doubt they do. And put up a handrail or similar across the door so they can't get out. Some people astound me, they really do.

I’d report them for fly tipping for a start and then I guess remove their crap and send an invoice

Put one of these up if you haven’t already. You can get them customised quite cheaply, to say this roof is not stable.

ring and ask citizen's advice and you could also put anti cat matting on it. Its spikey.

Op needs to be safe climbing on the roof and getting rid of their stuff and wouldnt be able to secure anything that attaches to their doors or walls. They need to bring their stuff back in through their patio doors.

Wow, CFery at its very finest! You've been very reasonable, trying to come to an arrangement. The trouble is that potential buyers will have seen the CFery. Have any of them mentioned it? Unless at a very long shot there's someone who won't mind/would be prepared to tolerate it, then it seems to me that you've no option but to remove their stuff and put it by their front door. I have to say that having a few burly scary friends with you when you tell them what you've done or are about to do wouldn't go amiss, if you know anyone.

Find the burliest bloke you can find. Give him 20 quid to shove it all off....

It sounds nightmare. Even if they behave for 5min and removing stuff nicely who would want buy it when can see they have a door accessing their garage. Defo needs legal building action from local council. Surely can’t pass building regs to put door on unsafe structure that’s not even theirs. Good luck