Help For My Mum - Anyone Urgently

alice's_mum

Hi Guys, my mum has been on the phone in floods of tears, her obnoxious neighbour wants to have some workman stand on her garage so that he can have his extension outside wall pointed. The houses are normal semi's with garages which are attached. he has built on to his garage upstairs and made some more bedrooms. he built right up to the edge of his property and now wants to get some work done on the outside of his wall. When all the building was done, lots of problems appeared afterwards for my mum and dad in relation to their garage roof, which had been damaged and leaked. At the time my mum and dad paid to have a whole new roof fitted, next door neighbour wasn't interested saying it was nothing to do with his workmen, (it was months later, but only coz he had his work done in May and the first really bad rain was October or so.)

Anyway, my dad's been dead now over 10 years and this neighbour has come today saying to mum that he's got workmen coming to point his wall on Friday and that they'd be on mum's garage roof. Mum said "are you asking my permission or telling me?" he said "telling you - I don't need your permission my work needs doing" Mum was v cross at attitude and said "you need my permission and I don't want them walking all over my garage and kitchen roof, what if they cause damage like last time... will you pay for it?" Neighbour said "I don't need your permission E....(my dad) signed to say I could have access whenever I needed it". Mum said "I doubt it , but lets see the signed document then?" Neighbour "its with the Council in town".

Now I find it impossible to believe my dad would sign anything withiout my mum knowing about it - she is adamant he never signed anything. But my dad's been dead 10 years so anything he might have signed must surely be null and void now anyway.

Anyway sorry to ramble, this is not a nice neighbour and he waits until mum's got no visitors after the xmas to spring this on her, he didn't come whilst we where there over the holidays to discuss it. Mum's 75 and is on her own in the house, she doesn't want strange men on her rooves with acess to her back garden etc. Can she stop this? Is there anything we can do.

Sorry to ramble but she was in such a state I can't think straight to get all info down.

Liz

alanobrien

Unless there is some legally enforceable access right, (which i doubt) he cannot do this without the owners permission.

WestonDave

Its very unlikely the deeds to your mums house give a right of access to the neighbour so she is under no obligation whatsoever to allow them to do this. She could of course grant them a one off licence to have access for a fee equal to the cost of the new roof they had fitted to their garage, and the cost of her solicitors drawing up said licence (in which suitable indemnities against further damage should be included)! Beyond that her neighbour is just about to learn the hard way that lacking respect for those you share boundaries with is unwise if you need their goodwill later!

jay_cee_2

if the workman do stand on the property without permission, then get her to phone the police. Get her to tell them it is urgent, and maybe she could also take photographs incase of any damage/proof? or another neighbour could help her also.

alice's_mum

Thanks guys that's what I thought. That they couldn't and probably wouldn't do anything without mum's permission. She is adamant that she is not going to give it. Last time was a nightmare and her garage had water running down the walls for ages as a result of his workman. Whilst she was on the phone to me the neighbour called again, saying he wanted her solicitors name and details so he could prove my dad had signed something saying he could do what he liked. Mum was so upset by him, (I could hear him on the phone he was very rude and agressive) she shut the door in his face!!! She is a nervous wreck now and is talking about not going out tonight or for the rest of the week incase he does anything whilst she is out.

Anyway I have spoken to the Council planning who have no documentation relating to access, aparently its civil and its to do with the Party Wall. But the guy was really nice and said in his opinion anything my dad signed would be invalid as he's dead 10 years next week.

Am going to go over tomorrow and see if I can sort somthing out, she's ringing her solicitor now to see if she can have an appointment for Wednesday. Aren't some neighbours nice???

cannylass_2

He sounds an obnoxious bully!!

What goes around comes around;)

Good luck on Wednesday.

PasturesNew

Aww that's awful.

The thing is, even if he does end up with the right, it isn't the right to stand on the roof. It might be a right of access.

Which might mean she can insist that proper scaffolding be erected. I'm sure that might be a Health & Safety legal requirement anyway.

However, photos would be a good idea. Although if you are 75, nervous, live alone, don't have a good camera and can't get to the area to photograph it that isn't as easy as it seems.

Yes, the builders should have insurance etc. However, we don't know if this bully has a team of numpty mates who are popping round to do the work in exchange for some cash, 2 pints and a hot pie.

Bullies always seem to win. B******s. I hope it all resolves itself satisfactorily. Bad neighbours are the worst thing in the world.

WestonDave

If its a party wall issue then I think he should have given two months notice and even then if permission isn't granted there is a set procedure to allow him to gain access which involves appointing a surveyor to record condition before the work is done! As stated he may have a right to access his outer wall (if he can prove it) but it does not give him the right to walk on a potentially fragile garage roof.

The problem is this is a pretty poor area of law - if he does just go ahead and do it, there is little legally to stop him short of getting an injunction which is expensive and will probably take longer than the work.

annie123

Should this not be sorted before the builders arrive, explain to them that they may not use the garage roof to walk on, (put in letter to them aswell).
They will nor want to get involved in a dispute. If they have been told not to go onto the roof they wont thier insurance wont cover them for any damage caused.

the neighbour is trying to avoid scaffolding costs. It is expensive.

i know, we paid for scaffolding to go over a neighbours garage to get work done on the side of my mils house.
Our builders said unless we could prove that the building roof was built to take people standing on it, should one of them fall etc they would not be covered on the insurance for the workers or damage caused to neighbours garage.
So we got quotes for scaffolding.

I question the quality of his builders!

alanobrien

alice's_mum wrote: »

Whilst she was on the phone to me the neighbour called again, saying he wanted her solicitors name and details so he could prove my dad had signed something saying he could do what he liked. Mum was so upset by him, (I could hear him on the phone he was very rude and agressive) she shut the door in his face!!! She is a nervous wreck now and is talking about not going out tonight or for the rest of the week incase he does anything whilst she is out.

This guy needs his head examined. How did he expect to maintain the building in later years after building up to the boundary and alienating the neighbour ?
Anyway that aside, from your quote above your mum could call the police (local beat officer is best) and ask them to have a word with him to stop harrassing her.
You could also make it clear to him that any further communication on the matter could be through you or a solicitor if you want to cost him money

ormus

we have a friend in plymouth whos neighbours had the builders in to repair their flat roof.
our friends also have a flat roof extension which the builders used to access the other roof.
the builders damaged the access roof and refused to accept liability. its been over a year now and no resolution yet as to the payment of the damage.
its been an absolute nightmare.

dont let them on your roof without some form of legal notice!