Neighbour wants to climb on my extension roof to clean windows

[hearts151]

A very short explanation, our neighbours have made our life hell for the last 18 months, we have made a decision to completely ignore them.

They have now come to us to say they want to go up on my extension roof to clean their windows.

We live in a lower villa, they are above us, their windows obviously can't be cleaned from the inside.

We have refused them access but they have now said "tough" we will go up anyway.

Can we legally refuse them or do they have a right to access for simple maintenance tasks

THANKS

[wales01man]

Re: Neighbour wants to climb on my extension roof to clean windows

They may have a right of access? what are you gonna do if they go on the roof?

[hearts151]

Re: Neighbour wants to climb on my extension roof to clean windows

no idea, if they have access then not much I can do, if they don't then I need to find out what legal avenues there are

[wales01man]

Re: Neighbour wants to climb on my extension roof to clean windows

If you own the property the deeds should say if there is a right of access if its a rented property then the landlord might have a say in it all above all don't threaten anything without knowing your right,FWIW I would say you can clean the windows but you want to see an insurance policy of theirs that covers any damage to your property

[PlanB]

Re: Neighbour wants to climb on my extension roof to clean windows

our neighbours have made our life hell for the last 18 months, we have made a decision to completely ignore them.

They have now come to us to say they want to go up on my extension roof to clean their windows.

We live in a lower villa, they are above us, their windows obviously can't be cleaned from the inside.

We have refused them access but they have now said "tough" we will go up anyway.

Can we legally refuse them or do they have a right to access for simple maintenance

Do you really want this silly turf war?

What's the problem with them cleaning their windows while standing on your roof extension? Will it collapse and cause you harm? Probably not.

I could give you loads of case law on legal rights of access (I note you're in Scotland so this will be different from general advice given by posters on this website) but I sense this is not the root cause of your animosity towards your neighbour.

Why don't you tell me what has really pissed you off and I'll see if I can defuse this situation

[CleverClogs]

Re: Neighbour wants to climb on my extension roof to clean windows

What's the problem with them cleaning their windows while standing on your roof extension? Will it collapse and cause you harm? Probably not.

But walking about on the roof might damage the waterproof membrane so badly that the roof starts to leak.

Will Mr McSnotty pay for the necessary repairs and redecoration?

[CleverClogs]

Re: Neighbour wants to climb on my extension roof to clean windows

They may have a right of access? what are you gonna do if they go on the roof?

Take away the ladder and leave him to starve to death?

[pt2537]

Re: Neighbour wants to climb on my extension roof to clean windows

What about Occupiers liability?

If he injures himself while on your property then you could be liable. If the works he intends to undertake are on your property then make sure its safe and if not then he shouldnt be doing it.

[charitynjw]

Re: Neighbour wants to climb on my extension roof to clean windows

[bluebottle]

Re: Neighbour wants to climb on my extension roof to clean windows

What about Occupiers liability?

If he injures himself while on your property then you could be liable. If the works he intends to undertake are on your property then make sure its safe and if not then he shouldnt be doing it.

If the neighbour takes the attitude, "Tough. I'm going up there anyway," if they have no rights of access, they would be doing so as a trespasser and, if they sustained injury as a result, it could be argued they acted recklessly and accepted the risk attached thereto, providing the OP has kept the extension roof in a good state of repair.

[pt2537]

Re: Neighbour wants to climb on my extension roof to clean windows

If the neighbour takes the attitude, "Tough. I'm going up there anyway," if they have no rights of access, they would be doing so as a trespasser and, if they sustained injury as a result, it could be argued they acted recklessly and accepted the risk attached thereto, providing the OP has kept the extension roof in a good state of repair.

yeah it does of course depend on which OLA it falls under, if not a trespasser then it gets trickier

[bluebottle]

Re: Neighbour wants to climb on my extension roof to clean windows

yeah it does of course depend on which OLA it falls under, if not a trespasser then it gets trickier

Valid point. Thank you.

[PlanB]

Re: Neighbour wants to climb on my extension roof to clean windows

yeah it does of course depend on which OLA it falls under, if not a trespasser then it gets trickier

What's an OLA? :confused2:

[pt2537]

Re: Neighbour wants to climb on my extension roof to clean windows

Occupiers Liability Act

Theres two,1957 and 1984

[Streetwise]

Re: Neighbour wants to climb on my extension roof to clean windows

If the neighbour takes the attitude, "Tough. I'm going up there anyway," if they have no rights of access, they would be doing so as a trespasser and, if they sustained injury as a result, it could be argued they acted recklessly and accepted the risk attached thereto, providing the OP has kept the extension roof in a good state of repair.

I think you will find that the trespass law in Scotland is different to England and Wales.:beagle: