To not want neighbours accessing my garden!

[Spudthecat]

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?

Checking the deeds has to be your first step, then, assuming you're right, keep the inspection appointment and have the deeds to hand to back yourself up. I can't see that the council would have a leg to stand on if they tried to refuse your request to secure your garden having seen the deeds. And yes, get some screens or something while you wait for the inspection so it's clear from the outset they don't have access to the garden.

Do as pps have said and get the deeds for the upstairs flat. that will tell you what rights they have.

Also check what your tenancy agreement says.

It is entirely possible that they have the right to use the bin store, but if that's all it is they have no right to use your garden. As one pp has said you can fence off the part they are allowed to use.