Somebody elses lean-to greenhouse next to my property

[wbmkk]

My elderly father purchased a second garage many years ago, which iI am now clearing out etc.

I notice the wall is moving, possibly due to due subsidence, so this will need replaced in the near future.

While on the roof, I see there is a lean to greenhouse joined to the wall at the back, which would be affected if the wall was rebuilt.

What is the legal situation, regarding somebody erecting such a structure, joined to my garage (well dad's really)

thanks

 

[KitchenDoorWorkshop]

Would suggest you speak to your solicitor regarding this if you have not done so already, as matters concerning boundries, party walls etc need to be considered carefully

Robert

 

[Diyisfun]

Your father may have given permission.
I would speak to the neighbour.

 

[wbmkk]

Your father may have given permission.

I wouldn't have thought so, as the garage is not near my fathers house and there would have been no way of knowing who owned it.

Even if he had said yes (very very unlikely) ... what happens now that the wall needs to be rebuilt ?

Is it simply a case of asking the lean to owner to remove it, within a fair timescale

Of course if the wall collapses by itself, due to the subsidence, the lean to will go anyway .. all by itself. I assume there would be no comebacks on my father if this happened.

He has Alzheimers now, hence I am helping him

 

[htgeng]

Of course if the wall collapses by itself, due to the subsidence, the lean to will go anyway .. all by itself.

Take that option assuming you've got the garage cleared? How can they come back on you when they have used his garage as their own wall. Go in there sometime and just give the wall a helping hand or accidently bump it with a sledgehammer

 

[LooPrEvil]

I take it the wall that needs replacing is the wall with the lean to against it.

I would write a nice letter to the owner of the lean to, and advise them of the situation, and request that they remove it as you will be having the wall demolished due to the possibility that the wall is unsafe and requires rebuilding, and that you cannot be responsible for any damage that could otherwise occur to the lean to.

I would send the letter by recorded mail to evidence it was sent, and keep a copy of it.

Give the owner a reasonable time to dismantle their structure (say 4 weeks from notification).

 

[FunkyJive]

Personally, the first thing I would do is not go down the letter route but simply knock on the door of the owner of the lean-to, kindly explain the situation face-to-face and tell him what needs to be done.

Giving the wall a suggested "helping hand" might be more convenient, but who's to say that he's not a well-meaning old gent on a meagre pension? It's often surprising what can be achieved by a simple chat.

If it gets nasty only THEN do the following...

1. Get a professional tradesperson round to view the state of the wall and quote for reparation, being sure that he includes mention of the dangerous state of the wall.

2. Send a letter to the neighbour, mentioning your recent conversation with him, advising that the wall is unsafe and prone to collapse, that urgent work is scheduled to commence on xxx date, and that you accept no responsibility whatsoever for damage to the lean-to or personal injury either before, during, or after the work. Instruct him to seek professional advice in order to safely remove the lean-to should he wish to keep it, and to stay well-clear of the wall at all times for his personal safety.

At the very least, you will have alerted the neighbour to the precarious and dangerous state of the wall and the possible demise of his property, professional evidence of its unsafe and unstable state, and a supporting quotation that is not a binding contract so your options remain open. You will also have covered yourself with responsible behaviour and due diligence in every respect.

...And they say that the art of communication is lost !