Not allowed access to remove my motorcycles to fetch them from my family home :-(

Greguk123

A sad state of affairs, sibling "X" who lives in the family home but doesn't own the property does not want an overgrown hedge cutting back, it blocks a door to a shed where 2 old bikes & some bits of mine have resided since I lived there 20 years ago. Mum who holds the mortgage is elderly and ill, likes me coming to visit but X complains if I do, so recently I can only meet mum at Costa etc away from my former home, to avoid hassle my mum says.  

If anything happens to mum I fear access to get my bikes will be even more tense or they will be gone so I want them out of there.

I haven't had any access removed by my mum or contest over my ownership.  Mum has closed her eyes to the issue and just begs me to resolve it with X.

 it's getting on 3 years since I have been asking X to take her for a coffee or lunch, birthday cards go unthanked etc so while the olive branch is always out I fear given as recently she has asked me not to contact her that relations are unlikely ever to get to a situation where it's constructive.  I do not owe her money or have anything she believes to be hers.

I want to be as delicate and thoughtful as I can here, both legal and non legal advice/thoughts about where I stand and how to proceed would be welcomed before I pick a course of action.

For reasons I won't go into (not financial) just leaving my bikes there isn't an option. Causing upset is as high on my list to avoid. If I can.

Thanks in advance folks

elsien

Does sibling X not go out to work. 

If yes, then I’d just take a day off and go and fetch them.

I would be a tad concerned about the emotional blackmail towards your mum though, when she can’t meet who she wants in her own home?

tizerbelle

Seriously just go and visit your mum and reclaim your property. 

X needs to be told to wind their neck in and you need to let them know that you will not tolerate them upsetting your mum about it.  Your mum is the only important person in this scenario and if she likes you visiting, then X needs to get over herself or find somewhere else to live.

I would wipe the floor with my brother if we were in a similar situation and he tried anything like this.

ThisIsWeird

Greg, what is the worst you fear or expect if you just turn up with a bow saw one day?
What will Sib X actually do, other than rant?
I presume you and X don't have a relationship that deserves salvaging in its own right? You are being civil purely for the sake of your mum?
Bearing in mind that what you'd be doing is both legal and within your right (assuming your mum will actually say 'ok' to this request.)

To understand the bigger picture - why is X living there? Do they work, or have a life if their own? Do they look after your mum? Does your mum look after him?! 
How I'll is your mum? Who has power of attorney?

Ms_Chocaholic

I'd be round there pretty sharpish with a pair of shears, get the hedge cut and get those bikes out of there.  Does sibling work (which means he/she is out during the day), goes shopping, meets with friends, anything that means that you can go round when they are out.  If you are concerned about violence ring the Police before you go to alert them.

Greguk123

Thanks, to combine answers:

X works from home and also looks after mum full time, she won't have carers.  She has cameras for the odd occasion at the shop etc.  X had a relationship with me but sadly not really anything for years.

If I visit or attempt to retrieve a likely scenario is X calls the police, a scene ensues and within about 10 minutes my mum, so upset, asks me to just go till things calm down, the police escort me off under the auspices of preventing a breech of the peace and removing a trespasser, telling me the bikes are a civil matter.

The bikes would take a couple hours to get out, it's not an easy job.

Worst case is probably that if I turn up, but probably misery for my mum after.  She has S4 cancer.

No one has mentioned the legality of keeping someones belongings and not allowing them access, how does that sit?

Another bad outcome is I do nothing and the bikes vanish.

Appreciate the replies

ThisIsWeird

That is a really unfortunate combination of situations, Greg, and you have my sympathy.
Legally, I would say you are fully 'entitled' to recover your bikes, but - to do this correctly - you'd need a court order. 
These bikes are yours (you can evidence this?), and were placed in the shed of the family home with permission. This last point might be tricky to 'evidence' if X claims 'no', and your mum backs them up or says nothing, but if you can demonstrate that you either lived at that house at the time, or had regular access to it, then that should be enough. Ie, how else did they get there?!
Do you have Legal Protection in your existing house insurance? I can't see them becoming 'involved' in a case like this, as there's nothing for them to 'defend' or to 'win', but they can be good for offering advice and guidance. Call them up, and see if they'll guide you in how to take out a court order, or possibly an injunction against X from interfering with you (although that would need your mum to say it's ok for you to access the shed - would she?)
That could be quite satisfying when the cops next turn up.
Failing LegProt, I'd search the interweb and visit your County Court and ask them for advice on how to do this. 

May I ask - what is X's beef with you? Trying to hold on to the family home? If this concerns either you or your other siblings(s), then collate all the evidence about what's been going on. Write a chronological account of everything that's happened, what was said, what was done. What actual evidence do you have? If 'next to none', then you may wish to consider buying a discrete video recorder to have on your person the next time you visit. Sounds hellish, but if it's the only way you can prove what the situation actually is - you request access to your bikes, X refuses with no valid reason, mum becomes upset and asks you to let it be - then you need to capture this. That should demonstrate that X's behaviour is the unreasonable and unjustifiable cause of your mum's anguish. 
And definitely have either a discrete recorder, or a colleague with you (with phone ready) when you come to legitimately claim your bikes. Make sure you 100% demonstrate (record) that the situation is straight-forward and matter-of-fact - you have this court order/injunction, you ain't going to cause a 'scene', you only want back what's yours with zero fuss. Capture that it is only X's behaviour that might escalate the situation, involve your mum, and cause her distress. If, in the future, X claims that they're the only ones who 'cared' about your mum, and is solely entitled to the house, you can show otherwise.
From what you describe, X has no reasonable cause whatsoever in preventing you from accessing your bikes? And is seemingly 'happy' for this stupid non-situation to cause serious upset to your unwell mum, and a rift in your relationship? Wow.
Do this properly.
Hellish

Bigphil1474

OP, maybe you could purchase an afternoon tea for two gift for you and your mum, and then unfortunately be unable to go so could your sibling take your mum instead? Get them out of the house for a couple of hours, while you nip down and get your bikes? 

kempiejon

Well you've not really needed the bikes for 20 years so it doesn't sound to me like they are the real problem.  I think the fear of what the cops might do is unwarranted but forceful or deceitful possession of the bikes is misplaced focus.

Sounds like mum's in a bind and you're frustrated. As mum needs more care you'll find yourself cut off from her. Does this sound like coercive control? X decides who mum sees when and where, and mum capitulates. Perhaps there's an organisation that can help? This might be escalated to a safeguarding issue and if not social services I know Age Concern would be a place to get external help.

https://www.ageuk.org.uk/cymru/our-work/safeguarding/what-is-adult-safeguarding/

Browntoa

I suspect that as a low level crime it's unlikely that the police would attend in a rush 

I'd turn up with a couple of friends to provide security but not to issue threats to X , maybe get one of them to film the whole event to prove that you have solely accessed your mother's property to access your personal items , have caused no damage and then left quietly and peacefully once that was done . Would also come in useful to show the police if they did happen to attend 

outtatune

Are you paying rent or storage fees? Why are your bikes there?
My spidey sense is telling me that there's something you're not letting on about this.