Can I force a lean to ‘conservatory’ be removed

[fortifiedwithtea]

My Mum’s neighbour blocked up her pathway to her back garden by creating a lean to construction. This meant every time the neighbour needed work done on her house or the windows cleaned access was only possible by my parents goodwill letting tradesmen through their garage and the workmen hopping over the 3 foot high fence dividing the gardens.

My Mum is in her 80’s and neighbour is now in her 90’s. My Dad passed away many years ago. Both ladies had a stroke earlier this year. Mum recovered well but neighbour is now in a care home.

The relatives of neighbour have a difficult task as there was a hoarding situation going on and the house is an absolute state. Will need to be sold but extensive repairs will be needed.

I have instructed my mum not to allow a skip on her driveway as it is a 1970’s crazy paving design and is crumbling. It will not take the weight of a skip without further damage. Neighbour has an overgrown front garden that a skip can go on.

I also do not want her to allow access through her garage. The bigger picture I want the lean to removed. The leanto effectively makes the houses terraced not semi detached as they were designed to be when first built.

I have lasting power of attorney for my mum. Would a solicitor be able to write a letter to the relatives of next door that access from my mum’s property will be denied and the lean to will have to be dismantled.

I am concerned that this has gone on since the late 1960’s and has set a precedent.

Parents and neighbour were the original owners of the properties going back to 1967.

have fence/gate put across DM’s drive with private drive sign on it. I imagine much stress and angst about which family member is to clear the house. They may lie about having access or claim they have right of way due to length of time they have accessed. They won’t care about upsetting neighbours as they don’t live there, get a door camera.

Have the relatives actually asked for access? It doesn't make sense to me - wouldn't you just use the front door anyway? Sounds much more of a faff for a house clearance company to use a back door, over a fence and through next door's property. Especially if ithe front door is the shortest route to a skip.

You don't need to make any demands and you don't need a solicitor. Just drop them a note sympathising with their mother's illness, and mentioning that as you expect they'll probably be making plans to clear the house, you want to let them know that your mum won't be able to have any tradesmen go through her property, as she has occasionally allowed in the past.

Suggest the "I'll have to ask my daughter" line to your mum, just in case, and leave it at that.

Pen and paper by front door, tell your mum to pass it to anyone and ask them to write down their number and you will ring them when you visit next.

Then they will have to plan their works in an order to facilitate access. I.e. clear the front garden first so they can then have a skip, clear the house, fix the patio doors, start on the back garden then the lean-to. Just tell them there will be no access through your mother's and leave it as their problem.

I'd ask for a chat with them, explain the issues and the ongoing concerns after the house is sold and gently suggest it coming down.

If it'll make their lives easier and won't be expensive to do they might agree. The next owner will likely tear it down anyway but I wouldn't risk it.

I can't picture it though, have you got a photo?

The access is another issue, I agree your mum should be telling anyone who asks to contact you to arrange access.

Lock garage door and keep the key yourself.

I’d not get any solicitor letter to say you are denying access through your mothers house and hopping over the fence - this letter would then prove that this has been happening for years & you’d be putting it in writing

I think the solicitor's letter can be worded to specifically "withdraw all implied right of access to my property". Implied right of access is there to enable people such as the postman, Amazon delivery driver, to enter your property for legitimate purposes (because a path and a front door bell are there for that purpose). The resident / property owner withdrawing that implied right of access (whenever they want) supersedes any precedent that might have been set over time.

I would just securely lock the garage and she can tell everyone that she doesn't have the key, you do. I might also consider putting chains across the drive if you think they might try to put a skip there, but if you have property and financial power of attorney for your mother you could just ring the skip company and say that they need to move the skip. You can use power of attorney for some things and not others so your mum could still operate all her own finances but defer to you when it comes to dealing with next door.

If they have been neighbours for a long time do you know the children? Do you get on ok with them? Maybe a coffee with them sometime. Explain that you now act for your mother in relation to the property (if you have LPA) and here is your number if they ever need anything from you in relation to your mother's property. You can frame it in terms of overhanging branches, maintaining fences etc. normal things not access through garages.

I would tell the neighbours that due to your mums age and as they know older people can get confused / be taken advantage of that you won’t be allowing access any more. If they kick up tell a white lie that some had knocked on the door and tried to get access but you stopped them and you think they were con artists.

I would ask to have a chat with the relatives and I would lock the garage and keep the key. X

If they hop over the 3ft fence between them can't you put up a higher fence? If the place is to be Sol you'll get new neighbours possibly with kids so you mum may want more privacy anyway.

I wonder if you could just add a trellis to the fence. If it was much harder to jump over it wouldn’t be an option. If asked you’d like privacy from the new neighbours.

Yes I agree with lots of pp

• put up a higher fence, tell the neighbours this in anticipation of them selling
• lock the garage and keep the key yourself so your mum can’t be browbeaten
• get her a ring doorbell that links to your phone

If you do all of that they’ll have to take the lean to down to get anywhere.

They wouldnt, they would just go through the house like everyone who doesnt have side access

The issue with their own back door is a red herring, they can get that fixed

Chat to the neighbours relatives - it may be they’re planning take it down anyway if it’s in poor condition. Maybe they hadn’t thought about the access issue but sounds like it would be sensible for them to remove it before selling

@fortifiedwithtea Another person does not gain access rights over another property by walking through a garage because the owner says they can. The garage and the property still belongs to your mum. There is no right of way on any legal document for them to access their house via your mum ‘s. So don’t worry about that.

It might be prudent not to mention anything to the relatives but make sure mum says I’ll ask my DD if anything arises and be vigilant. Then you say No. Drill into DM why it’s No. Safety, damage, disturbance etc. Plus it’s very foolish! Good luck.

This. Then the problem is the neighbours to deal with. If they want access they will have to find a way to make access. Make it clear that approaches to your mum to override this will be deemed as harassment.

You can't force them to remove the lean to, but you can make it difficult to keep it.

Don't send a letter confirming that the past arrangement has stopped. Just say no access will be available and suggest the lean too is removed to reopen their access. I think a solicitors letter isn't necessary unless things have got ugly - just write a letter.

I'd also take the opportunity now to install a higher fence - it helps prevents future issues with new neighbours and helps with privacy.

A lot of replies since I was last on line so apologies for not tagging everyone
who has offered good advice.

A ring doorbell linked to my phone, excellent suggestion. We have one ourselves and I didn’t think of it.

High fence or at least a trellis on Mum’s fence, agree sensible to do this. Its the boundary that Mum is responsible for so that is absolutely doable.

Keeping the key to the garage unfortunately not workable. Mum has a regular firm of gardeners on a fortnightly basis to weed and cut the grass. It is a postage stamp size but she is no longer able to do it.

Gating the drive and fencing the front, not able to do. Covenant on the deeds nobody in the road is able to do this. the road must stay open plan.

Yes I could be getting my knickers in a twist for nothing. Neighbour is a child free spinster without siblings. Nearest relative is a cousin who is not next of kin. The actual next of kin live a long distance away. From what I’m told they are having a hard time getting neighbour to agree to them sorting the house out. My question about access is pre-emptive.

This may be better for you. They will have less emotional investment in the house. They might also be open to recommendations from you for example of gardeners.

Keeping the key to the garage unfortunately not workable. Mum has a regular firm of gardeners on a fortnightly basis to weed and cut the grass. It is a postage stamp size but she is no longer able to do it.

If it's a regular firm, could they not have their own key to the garage? Unless this would also give them access to the house, it might be a solution.

You need to support your mother in denying anyone access to next door via her property. She is absolutely within her rights to do this, and I understand why you are worried about tradesmen walking through her property. They may be fine, but you never know who might notice an elderly woman on her own and take advantage.

A solicitor’s letter would be good, but can you try talking to your neighbour’s relatives first? Warn them that there will be
no access to the back of their property except through their house, not your mother’s garage.

@fortifiedwithtea wrt the garage key get a key safe put in and tell the gardener the code so he can use it but nobody else who doesn’t have the code cannot.