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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not want neighbours accessing my garden!

27 replies

Spudthecat · 09/07/2017 20:28

I moved into a lovely ground floor maisonette almost 3 years ago, for 2 years it was lovely, own front door, front and back garden, it has a one bed flat above it, then after 2 year the old tenants moved out (it's private but rented out, mine is council) and a family of 5 moved in! They have been nothing but a nuisance as you can imagine living under 5 people, in a teeny one bed flat, anyway I accepted It as I had no other choice, when I first moved into my property I noticed my garden had a door from the main building into my garden, I spoke to the council as a family member suggested it must be a shared garden, I spoke to the council who said it isn't it's sole use, however years ago the flats above use to store there bins in the cupboard in my garden (it's a cupboard opposite the door) they said they didn't do this anymore as the bins are now kept out the front, a few days ago I had a knock on my door, it was the council,they told me that I needed to clear the cupboard in the garden as upstairs were going to start storing there bins in there! Ofcourse I was furious as I was told this doesn't happen anymore and my garden was private, I asked why and they claimed that having them at the front of the property next to the communal entrance for the upstairs flats was a fire hazard!! Despite the front door being double doors, the bins block a tiny section of one of the doors, anyway I'm not happy about this and I want to install some kind of fence of door between the bin cupboard and my garden so they can not access my garden, now it's the bin cupboard but before you know it they will be taking over my garden! I also just don't feel comfortable sitting in my garden and random people walking in and out to put stuff in the bin! Btw it will be the TWO flats above who have access to my garden and only my garden and not next door so seems abit unfair that it's just me that will have to share my garden, anyway I asked the council if I would be allowed to install my own door/fence and they said they will send a property inspector to determine whether I can or not but I was thinking of cancelling that and just installing one anyway as it would be easily done and the council would possibly say no, aibu?

OP posts:
YouHaveBeenSummarilyDismissed · 09/07/2017 20:57

Wow.

It is such a shame that 5 people have to share a tiny one bed flat, that is truly awful!

Why do you think they will take over your garden? Do you have any evidence that they would do this?

WillRikersExtraNipple · 09/07/2017 20:58

YABVU.

HouseOfGingerbread · 09/07/2017 21:02

Not suggesting this is a reverse as the details aren't the same but there was recently a thread about a similar issue from the opposite perspective. Might be worth finding to get the other view point.

Original poster
Spudthecat · 09/07/2017 21:04

Think I read the thread you mean, that isn't me as I think that was a single woman?? I think they will be using my garden as they have 3 kids! They chose to move into a one bed flat, it's private so they must have chosen it themselves

OP posts:
Graceflorrick · 09/07/2017 21:07

I think you probably need to check again that it's just your garden, it sounds very unlikely in that kind of setup OP.

Original poster
Spudthecat · 09/07/2017 21:19

We'll I checked right move to see about when the flat was sold and it was sold without any mention of garden access

OP posts:
laureywilliams · 09/07/2017 21:22

I understand your desire to keep your garden private. Who would want to suddenly find their neighbours had access to their garden?!

Five people in a one bed flat sounds awful but that's a separate issue.

I think its irrelevant that you live in a council flat. If its your garden then who has put a bin cupboard in? Are you absolutely sure its your private garden? Do you have this is writing somewhere?

BellyBean · 09/07/2017 21:24

You need to see the deeds.

Windycityblues · 09/07/2017 21:25

I see that after years of having a private garden you don't want people coming in and out of your garden but it sounds as this is a lucky oversight rather than an entitlement. Given the recent news you shouldn't be surprised that the council is checking that fire doors are not be blocked even slightly by potentially flammable items. Hopefully you will be able to erect something to give you more privacy.

WeAreEternal · 09/07/2017 21:25

YABU for not doing a diagram..... you know it's MN law! Wink

Otherwise i oils be putting up a fence first thing tomorrow, I would do it in a way that gives them a corridor from the door to the bin cupboard buyback allowes the mummy no other access to the garden.

Original poster
Spudthecat · 09/07/2017 21:29

Unfortunately I was only told over the phone it was sole use, I have since tried to get clarification on this but my tenancy officer is always unavailable and no one else seems to have the answer, it won't just be them 5 who have access it will also be the other flat above my ground floor next door neighbour as the two upstairs flats share the bins, I don't even know who lives there. I also have an sen child who now won't be able to be unsupervised in the garden with the door to the communal flat being unlocked now (it's always been locked so the garden has been secure)

OP posts:
PurityOfChaos · 09/07/2017 21:32

I understand you want privacy, I think the fence is a good idea. Bins by the doors to the building are a fire hazard, if I were you I wouldn't want them stored there, I have seen what happens when wheelie bins catch fire.

laureywilliams · 09/07/2017 21:34

You really need to find out the details to help you decide what to do. There must be something in writing.

ShoesHaveSouls · 09/07/2017 21:35

I think YWNBU, as long as it is your private garden.

How about some of those reed screens to act as a barrier?

maddening · 09/07/2017 21:51

Could you build a space around the communal entrance that would allow bin storage - obviously don't know the layout but say a square which the door opens into large enough for the bins but no access onwards to your garden?

dotdotdotmustdash · 09/07/2017 21:55

It would only cost about £3 for you to download your upstairs neighbour's deed from the land registry website. It's important to see what access is shown on their deeds as this is more decisive than whatever the council tell you verbally.

sparkleandsunshine · 09/07/2017 22:00

I hope you get your fence, I'd be well cheesed off.

Artisanjam · 09/07/2017 22:22

If you install a fence and the Council decide that the garden is shared, they can remove your fence. Get the inspection done and don't waste money buying a fence in advance.

mohuzivajehi · 09/07/2017 22:28

What dotdotdotmustdash said - it is easy to get the actual legal status of the upstairs flat and it's access rights clarified.

dotdotdotmustdash · 09/07/2017 22:37

I hate to say it, but I think it's unlikely that the council sold the flat upstairs without a right of access to the back garden, even if only for storage of bins. Flat-dwellers usually have to share some communal space, although often the ground floor will have the front garden space to themselves, while the rear garden is accessible to all for shared storage an clothes drying.

Original poster
Spudthecat · 09/07/2017 22:39

Oh really I will do that thanks for the suggestion, if it states no garden and the council still want to do it can I contest it?? I get that it's apparently a fire hazard but there are two doors, it only partially covers one, my old flat only had one door

OP posts:
Original poster
Spudthecat · 09/07/2017 22:41

The way the flats are though would mean they only had access to my garden and not any of the others when there are 4 other ground floor maisonettes, so how would it work that only I have to share a garden? (Since it's not one large open garden)

OP posts:
Ollivander84 · 09/07/2017 22:48

That does sound odd. My block has 4 apartments but there is only me with a garden, the other ground floor doesn't have one and they have no rights to my garden

dotdotdotmustdash · 09/07/2017 22:56

Unfortunately the council is your landlord and the council makes the decisions about your property, especially if it relates to health and safety. Definitely check out the deeds of the other properties as it will help your case if they are silent about access rights.

BoomBoomsCousin · 10/07/2017 03:12

If there is only one bin store, then the access would probably be granted to that bin store. If the bin store is in your garden then that's where the access will be. There would be no reason to give them access to the other gardens, that it happens to be your garden sounds like it's just bad luck. This assumes that there is just one bin store, the gardens do go with the individual ground floor flats and there is a right of access granted to other flats for the purpose of storing and accessing the bin shed.

I would check on the access, but get up some kind of cheap temporary barrier straight away (even if it isn't good enough to be secure for your DC). In general it's more difficult to get people to stop doing something, even if you have all the legal documents on your side, than to keep them out if that expectation is obvious from the beginning.