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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not pay for my downstairs neighbours garden?

24 replies

Thequaffle · 28/04/2019 23:56

I live in a period conversion flat. I’m on the first floor and have no garden. My ground floor neighbour has a garden. It is definitely not a communal garden as can only be accessed via his flat.
He keeps emailing the management company about an issue with the garden wall which I think he expects to use the communal area fund to pay to fix.
AIBU to veto using the fund? There isn’t a a management company anymore as we got rid of them two years ago. My lease says I’m expected to pay a service charge which can be used on communal areas.

OP posts:

PickAChew · 28/04/2019 23:58

Are there deeds which list the garden as only his?

Otherwise, make it clear that, if communal funds are to be used, then everyone needs to be able to use the garden.

Beachbodynowayready · 29/04/2019 00:00

Turn up on his doorstep carrying a deckchair. Announce you will be sunning yourself /reading a book /enjoying a coffee in your newly acquired garden......
Cf that he is.

OVAgroundWOMBlingfree · 29/04/2019 00:01

Assuming it is in no way structural VETO VETO VETO.

Andromeida59 · 29/04/2019 00:02

Definitely check the deeds, it's likely to be in there. When we owned a flat that had a managing agent. The shop below was also liable for the roof even though it was directly over our flat IYSWIM.

thefairyfellersmasterstroke · 29/04/2019 00:06

Had similar issue some years ago and the acid test was that if the wall in question were to be removed, whose property would be affected? If it would make no material difference to your property then it's not a communal/party wall so not your responsibility.

alphajuliet123 · 29/04/2019 00:21

Tell him if you're paying for the wall because it's a communal garden, you'll also be using the fund to have an external staircase built down from your flat, so you can have the benefit of the nice new communal wall.

PickAChew · 29/04/2019 00:29

The thing with roofs is that, if they leak it can affect flats way down below. In our last house, a leak on the ground floor came from the floor above, IYSWIM.

An untidy garden isn't going to cause structural problems in a first floor flat.

StoppinBy · 29/04/2019 00:42

I would request a gate be installed immediately should it be considered communal property..... cheeky, cheeky bugger.

Original poster

Thequaffle · 29/04/2019 12:46

The issue is with the wall in the garden which has become unstable. Even if it did fall close to the building, it wouldn’t cause an issue in any flat other than his. I think I’m not BU to say his garden his wall his problem.

OP posts:

hibbledibble · 29/04/2019 12:52

Are you sure it isn't a communal garden?

Often gardens are communally owned, with only one flat having access.

AwkwardPaws27 · 29/04/2019 12:53

What does your lease say about responsibility for maintaining outside walls / fences - is it the responsibility of the freeholder or leaseholder? When you say you got rid the management company, did you buy a share of the freehold?

PettyContractor · 29/04/2019 13:06

I don't have experience with conversions, but for the purpose-built flats where I live, some of which have private gardens, the garden wall would definitely not the the responsibility of the owner to maintain. It would legally be part of the common parts.

mondaylisasmile · 29/04/2019 13:17

Only your title deeds etc will provide the legal clarity you need.

No one on MN can answer that.

Morally is another matter: sounds like he's having it on, and I'd make moves to stipulate that the new communal access to his garden needs to be reflected legally if he's planning to donate it for communal use - watch him run a mile.

You need to get a solid understanding of the legal position though first.

Original poster

Thequaffle · 29/04/2019 13:19

We bought the freehold yes. My lease makes it clear that the front forecourt and all walls there are part of the communal area, but makes no mention of the back garden.

OP posts:

Okwhereisit · 29/04/2019 13:55

I own downstairs flat in a period conversion, but the deeds clearly say that I have exclusive use of the garden, access only from my flat. I have to maintain the garden but I can't change the fence or repair the wall as they are communal areas. Check the deeds - before buying we went over everything with a fine tooth comb and spoke to other ground floor flat owners as would not have bought here if my upstairs neighbour could come and sit outside my lounge! We would all have to pay for any repairs to the wall or fence though as common areas.

Original poster

Thequaffle · 01/05/2019 00:22

I got hold of the deeds for his flat - I didn’t realise it was possible. It clearly says they are responsible for repairs to the garden wall. Thank you everyone!!

OP posts:

OVAgroundWOMBlingfree · 01/05/2019 00:25

Good news OP.

CanuckBC · 01/05/2019 00:37

Awesome news that the deeds are specific in that! He is a chanced then isn’t he!

Durgasarrow · 01/05/2019 04:58

I agree--a roof is a roof over everyone's head. A garden used by only one tenant is not communal property. What nerve!

Sweetpea55 · 01/05/2019 06:05

Well done OP. Let us know how it proceeds

Seahawk80 · 01/05/2019 09:55

Hi Op, I'm in the same situation as your downstairs neighbour and would never expect upstairs to contribute to our garden fence etc. I see you now have it sorted which is great but just wanted to ask how did you get hold of his deeds? I need to check my upstairs neighbours for a different reason!

Original poster

Thequaffle · 22/05/2019 07:28

I got them from the land registry, it was £20

OP posts:

Janedoughnut · 22/05/2019 10:04

£20 a lot. Did you get the direct from the Land Registry or a third party site.

Hutchismo · 22/05/2019 10:22

Excellent news. You can have fun answering his query by referring him to his deeds!

Alternatively you can offer to pay for repairs when the new gate is installed into the wall, along with the communal hot tub.

Flip