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

I would be hurling breadcrumbs and/or chips up there several times a day. Make it look like a Hitchcock film. The birds will shit all over their BBQ and furniture. It will be unusable. You’ll have to clean it later, but they’ll get their junk off the roof.

Have a load of manure delivered to the roof. Or maybe just fish fertilizer so you don't have the weight issue.

I understand it's a shared flat roof with multiple garages- so is their crap only on their own roof- or across everyone's? Is there a body corp? You can stop then going on your mums section, I'd assume, although would be harder to get them to stop being daft on their own section .

Flats don’t have the permitted development rights that houses have.

This is insane. Definitely time to just remove and send a bill for any damage. As above you have a letter proving they use it frequently now.

I'd like to know where such people get their brass neck from? Is there a secret supplier of cheeky fuckery and sheer entitlement that the rest of us don't have access to? I mean, who could stand there and claim the right to party on someone else's roof? It's baffling.

Unfortunately this CFery does happen. My neighbours built an extension and trespassed all over our land without a care.

One thing is if they get away with one thing, they’ll keep pushing their luck.

Op, you’re getting blowback now as you have stood firm, but this is just desperation. Stand firm, ignore their threats and I’d hire someone to remove their stuff, taking photos both before and after as they will claim you’ve damaged their stuff. Keep all invoices of any costs you have incurred.

They will try to scare you but that’s because they’re rattled. Ignore them.

Proving prescriptive rights is difficult and requires more than just 20 years of use. But I suspect that they fall down on that condition alone (no pun intended!)

No way would I buy a house with this set up.

You need someone on that roof ASAP who can fix any damage and add a rail/fence so they can't put even one foot on the roof.

You can also tell them its for sale at x amount, they can buy it.

phizog! PHIZOG! 😂 haven’t heard that word for years! Thank you for giving me a laugh OP

Totally unhelpful and useless to you though, sorry

@JohnnyMarr

Wow, I really wasn't expecting this to garner this much interest, but genuinely appreciate all the advice, and also the fairly unanimous outrage on my mum's behalf!

Following the general consensus of CFery, coupled with a pretty disastrous (but unrelated) 24 hours, I decided enough was enough and paid them a visit on my way to work this morning to inform them that as they were continuing to use the roof illegally we would be forcibly removing their stuff over the weekend. Subsequently my mum received a text stating that next time someone hammered on their door in the morning and "threatened" them they would be calling the police. If they found me threatening god help them when see OH's phizog peering through their lounge door on Saturday morning!

As if this weren't ludicrous enough my mum also received a letter today claiming that they have prescriptive rights and therefore it is, in fact, ourselves who have no right of access to the garage roof

Oh, and in my magnanimity I've also emailed the planning department outlining our concerns for their safety
'

Remove everything from the roof but also take the opportunity to pout something on the roof that prevents them exiting their patio doors. Some railings would do the job.

At this point I’d be pulling the garage roof down out of spite. 😂

Could they buy the garage (at an inflated price)?

Wonder how they got the patio doors past Building Control?

They probably started out by climbing out of the window..this must have been going on for years.
I agree if they have damaged the roof they should pay for repairs

Is it possible that they have been using it for 20 years? How long have they been there?

What is a phizog?

It's a shortening of physiognomy.

phizog
in British English
(ˈfɪzɒɡ, fɪˈzɒɡ)
NOUN
slang, mainly British
the face or a facial expression
an ugly phizog
Also: phiz (fɪz )
Collins English Dictionary. Copyright © HarperCollins Publishers
Word origin
C17: colloquial shortening of physiognomy

If you are going to remove their stuff at the weekend, @JohnnyMarr, I suggest you check the link I posted about tort notices to be 100% sure you have followed the legally correct procedure. If you get it wrong, you will only be making more problems for your DM (possibly expensive ones). On the plus side, if you do follow it correctly, you may be able to sell their stuff.

At my borough council, you report breaches of building regulations separately from planning issues. It might be worth talking to that team too.

Thank you! On another note, I hope you give those cfs what for, OP.

Prescriptive rights for a roof?! 🤦🏻‍♀️

Don't want to derail, but I use phizog and DP had never heard it before. It should be used more - fantastic word.

Just read through this all - wow what fucking cheek! Is today the day you’re evicting their crap? Hope it all goes smoothly OP!

Not RTFT but would that have need building regs for the patio doors, therefore could you report them to building control over that?