Communal garden - private garden or public place?

[audienda]

This might be a bit nitpicky, but I'm interested in what others think. I live in a communal housing development (10 houses with 1 shared garden). Wholly owned by the residents (ie not a housing association or council property). I was having a conversation with a neighbour about which rules apply in the garden - private garden (no household mixing) or public place (can meet one other person). What's the MN verdict?

I’d say private

During the last lockdown, the police came and closed the communal gardens of our flats because it was overcrowded and people weren't adhering to social distancing. So I'd say public place.

Private as owned by the residents.

what do your title deeds say?

Private garden. I assume residents can meet residents, but not invite others who don’t live there to the communal garden.

Private - I assume some couldn't just wander in off the street?

I'd say treat it as private garden.

Private of course unless members of the public can access it too?

Thank you. I think private too. (I also don't think residents can meet with other residents, as they're not in the same household.)

During the last lockdown, a neighbour called the police about our similar communal garden.

in contrast to PP above, ours came round and said it was OK to stay open for

Two people more than 2m apart
or
One family group

It may have been at a different time in the lockdown- not sure.

We had a sign to say so and it stayed open thankfully