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

Ditch their things, put tar on the roof with broken glass ...

Has your mum got legal cover with her house insurance e, they might be able to help?

Perhaps the garage roof is collapsing and needs replacing…

You've sent many letters and have set a deadline, which has now passed - so get up there and remove their stuff.
Put it outside their front door and block off their access to the roof.

Do not put tar and broken glass in it, sometime it may need replacing and birds probably sit on it.

Might they perhaps be in a position to buy the garage?

@mayblossominapril

Does your mothers house insurance include legal help?

Worth finding out.

I'd have removed it and dumped it back on their property the second it appeared.

Will someone want to buy it if they are using the roof?
Solicitors are pretty feeble when it comes to strangers doing stuff.
Planning Department - but they are pretty slow moving.
Do they own their place?
You could speak to a friendly builder and see how cheaply they can stop their access.

I think getting a builder to make the roof inaccessible is the way forward. This is absolutely outrageous. And as someone has said, check your mum’s insurance policy. And informing the council. I’d put cctv up at the same time as the neighbours could retaliate.

It's her property. Take photos before and after removing their crap, film it for evidence and inspect it for any damage to the roof felting. Put it somewhere where they can take it away and have the access blocked off. Have you given them notice that unless its removed by tonight then you will remove it yourself. Arseholes like this may say you have damaged their possessions. If there are other neighbours involved ask if they will help clear it all off.

There may also be an issue that the owner of the garage might be liable if someone injures themselves while on it - I've seen this discussed with a window cleaner who injured himself and took action against the home owner.

Not a lawyer but I have had to do this with items left in communal areas. This is the correct legal process for what you have to do but I would get your own legal advice too:

www.property118.com/when-you-need-a-torts-notice/

Ok so the patio door installation and use of the roof would require planning permission and building control approval.

You have issued a letter and the deadline has passed. I would get it cleared.

Putting up a fence atop of the roof is also likely to need planning permission so tread carefully with that.

You are also going to legally have to notify any new owners of the neighbour dispute. Which could affect any sale.

I take your point, and in an ideal world I'd absolutely leave this in the solicitor's hands...

I meant just ask your solicitor if you can move the stuff.

Get a skip. Tell them 24 hours before, if stuff isn’t removed then it goes in the slip (id also find a skip company who will remove skip immediately). Tell them every time they go on the garage roof after this you will be ringing the police as they are trespassing.

Just a thought but putting something on the roof to stop them opening their doors might (a) require planning permission, as already noted by other posters and (b) cause a fire hazard. If they have installed doors instead of a window, and if that window was their escape route from the flat in case of fire, could your mum somehow be liable for their death in the event of a fire in their flat?

And of course it goes without saying but this is CF to the max and while morally speaking you should be allowed to dump their stuff and put something on the roof to stop them accessing it, it probably isn't that straightforward in reality.

Who does shit like this? Using a flat roof as a garden is a bonkers idea unless it's been reinforced for the purpose anyway - but actually installing a patio door to trespass on someone else's roof? Crazy!

I have memories of a builder putting his foot/leg through our garage roof as a child. Are you sure your mum wouldn't be liable if they did the same & injured themselves?

I'd love to see their BBQ invitations. Saturday 10th, 4pm, Mrs Smith' s garage roof. Bring a bottle.

I would also be speaking to the council - does not sound like their patio door situation would comply with building regs. What an absolutely mad thing to do!!

This is one of the maddest threads I’ve read in a long time! Photo??

I'm amazed any builder would put in a patio door that leads into a flat roof,

It's still there because you haven't done anything. You're crying wolf to them really. You're sending letters and asking nicely. As pp have said. Remove items and repaint or attach something to the roof to stop it, spray it with slow drying "roof sealant". You gave them a date, so now move it yourself and if they query, tell them you told them to move it and they didn't.
They've added patio doors because you are letting them use it.

What @Alpinechalet said. Nothing left to do now other than safely and carefully removing the items. Just a thought though - if it's a block sometimes people own their own garage but not the structure. I'm pretty sure you've checked this out already though. What CFs installing a patio door!

It does always suprise me how long people let this kind of thing go on. That's why CFs do it! If you are firm to start with generally they won't be arsed to put in any claim and are just pushing their luck. They'll just try it on with someone who is an easier target. I don't see them worrying about what they can and can't legally do!!

You've given them notice to remove by the 31st. I would have been up there on the 1st removing their crap.
All these letters with deadlines and no action taken of course they are going to just carry on, as at the end of the day the letters are just empty threats.
I understand that you're busy, could your mum rope in some of her neighbours to take it all down and dump on the cf'ers door step. Or failing that, if you know any dodgy people who are interested in some free garden furniture give them the location.