They buried their cat in our garden!!!

[OpiesOldLady]

We rent our house and we live at one end of a five house terraced row that has a communal garden stretching from one end to the other behind the houses. The gardens havent been seperated just to make it easier to mow. At the back of the garden and going round either side is a fence with shrubbery and bushes/trees in front of it. We haven't lived here long and havent really used our part of the garden much. NDN knocked and introduced herself when we moved in and asked would we mind if her grandchildren played on our bit of garden as well when they come to visit. Of course I don't mind.

Sadly, our ndn's cat was recently run over and killed out on the road. I've just been to peg out our washing and have noticed that they've buried the cat in our garden. Not just a little bit in, but proper under the tree halfway down the edge of our garden. Complete with headstone and flowers.

I can't understand why they would do this. They have trees/bushes in their own garden they could have buried it under, and they didn't even ask!

*WIBU to dig up the deceased moggy and deposit it on her doorstep and tell her to rebury it in her garden?

*Obviously I won't but still..

The problem we have here is similar to people who think they own the parking space outside their house.

If the gardens are completely communal, but you can view a patch that is inside the width of your house, then you'll think of it as your garden because of where it is.

However if the gardens are truly communal then you in theory could walk over to a patch that's in front of the neighbours house, and sit there, and there's no issue whatsoever.

So with that in mind, surely the neighbours have a right to bury their cat literally anywhere within the garden if it's communal, no matter what house overlooks a certain patch?

Definitely think we need a diagram

I rented a house with a communal garden once, I couldn't get used to the way people just used the whole thing. The other neighbour's adored it. One of them got very funny with me because I wouldn't put money in to buy communal garden furniture (we never used it and were planning to move soon anyway).

You should speak to your landlord, see what the actual deal is with the garden, ask whether it was ok for them to bury the cat, and ask if a fence is allowed. The neighbour was rude not asking, but what's done is done. I wouldn't be digging the cat up or moving headstones though.

Odd, the burying the cat I'd let go. But I would ask for the plaque/headstone to be removed.

We need a diagram.

Do we? One long garden spanning the width of five gardens. Sounds like each one has its own shed and possibly patio area for household use.

Sounds like a hellish bizarre setup!

If the neighbours considered it to be truly communal, they wouldn't have asked OP's permission for their grandchildren to play in her bit.

If I was a landlord I wouldn't be wanting a visible headstone in the garden. I can't understand why they just didn't use their part of the garden, very odd. I'd be after a fence if I was an owner-occupier.

Quite GinDaddy. I once came home to a marquee right across my back doorstep. Some neighbour's were having a christening. I'd just come out of hospital, it was the last thing I needed!

This is very odd behaviour from the NDN.

I can imagine your LL won’t be too pleased either. I imagine renting out a house with a pet cemetery in the garden will put a few people off when they’re trying to attract new tenants.

Go through the LL though. I’d bet good money they won’t be impressed.

I wouldn't do anything tbh though I probably would ask why they didn't ask you and why they chose that spot (making it clear I probably would have said yes). Seems a bit harsh to report them to the LL as some LLs can make trouble for people (depends what the LL is like I suppose). It sounds like a communal garden though so don't think there's much you can do but it is a bit weird what they have done (esp after asking about the GCs playing).

Heron you're not the first. Someone already asked.

@Beautiful3 The first line of the OP is "we rent our house"!

Tell your landlord, definitely.

Maybe you should check the deeds on the Land Registry, it may be that the gardens are communal but people have informally marked out their own sections with furniture etc. Does someone come to mow the grass, if so that would suggest they are communal?

TBH I wouldn't do anything except perhaps next time you see them ask why they chose that spot, maybe it was the cat's favourite spot. I would tell the landlord though so that they know you didn't bury the cat there.

Echoing pp tell your landlord. They might be funny about this when you move and you don’t want to get the blame.
I would ask ll to put a fence up and section off your garden. She’s taken the piss and will carry on with it now! I’d want the headstone removed, it’s a bit icky asking them to dig the cat up but see what the landlord says

Apols to previous diagram requester.

I'd be going round and asking her why she chose to bury her cat in my garden. And I am thick-skinned enough to ask her to rebury it in her own garden. The HEADSTONE is the absolute kicker. No. Just no.

maybe it was kitty's favourite sunbathing spot, should of asked you though

Definitely ask your LL to exert some pressure.

But, @AnchorDownDeepBreath, what on earth are you thinking saying 'legally, I think they'd only need to ask your landlord'?!

I have never seen a tenancy agreement saying 'you have the use of this property as your home ... but we might sublet a cat-grave-sized plot of the garden to someone else without checking'. And if you were batshit enough to write that into a tenancy agreement, it'd be in pretty obvious violation of tenants' rights to quiet enjoyment, which take precedence over any tenancy agreement.

Honestly. I don't know what goes through people's heads sometimes.

I'm guessing it is a truly communal garden where everyone has the same rights over the whole of it rather than just the bit behind their own homes. Perhaps people have been polite in voluntarily restricting their use of the garden to the bit behind their own house.

That’s so weird.

So, it’s in your garden, even though they have a garden of their own. It just happens that there is not a clearly marked boundary (e.g. fence, wall, etc.), although you do all know where it lies?

I would probably go and speak to them and mention that your own landlord might have some difficulty with it, obviously you don’t want to disturb the cat but the headstone, etc. might need to be removed. Removal the personal element and keep it about your contract, council rules, whatever’s applicable.

Bizarre behaviour.

Maybe when she said "would we mind if her grandchildren played on our bit of garden"

what she actually meant was:
Grandchildren = her cat
played = laid to rest

??

maybe it was kitty's favourite sunbathing spot, should of asked you though

This! Op suck it up, if you're that put out ask them "Sorry but Ive noticed you've buried your cat on my share of the garden, is there any reason as to why?"

To be honest I'd rather have a buried cat in my garden than other kids playing in 'my space'. At least the cat isn't going to disturb you when you want to sun bath quietly!

Sarahandquack

Walkintheparc