Legal rights over shared land

[beginningoftheend]

Hi, I wondered if anyone could help with a question - in a housing development where there are some communal green spaces what rights do we (or in fact any other individual) have to make changes to e.g. planting?

Does one person have to consult all the others or can one person/sub group of people act on their own?

Would be very grateful for some info on this.

Just bumping this in case anyone has any thoughts. I did speak to someone who suggested if there is no covenant preventing doing something on the land, then you can do it. However, I did want to check as it is hard to know where maintenance ends and changes begin.

Is there something in your deeds that covers this? Where is it stated that you have rights to this land?

If not specified you probably can do what you like as long as not interfering with the rights of others.

Hi @ElderMillennial, it simply says we are all jointly responsible for maintenance (it lays out the ratios) and have the right to pass over that land to do it. Also 'right to use the garden areas'.

My concern is what if I want to do something the others don't want?

You will all need to agree op. No one person can do as they please. If the others do not want whatever you wish to do, you cannot proceed.

I think if it's within reason then what are they going to do? Presumably tell you! If you're planning to plant something in an area, for example, then I would have thought that's fine.

Do you have any meetings or a whatsapp group or anything where you can discuss? Those of you who are green fingered could come up with a plan together.

@beginningoftheend

Just bumping this in case anyone has any thoughts. I did speak to someone who suggested if there is no covenant preventing doing something on the land, then you can do it. However, I did want to check as it is hard to know where maintenance ends and changes begin.

This is only partially correct. You as owners can do as you please if no covenant. However all owners need to agree.

Why? What are the neighbours doing that annoys you?

@MarySanderson

Why? What are the neighbours doing that annoys you?

It is more that more could be done perhaps.

In a positive sense I mean!

This is a bit confusing

What is it you want to do?

One persons improvement is another persons hell though. Me and my neighbour started with identical gardens but three years later they look completely different. We both like our own and think that the other persons is awful.

One has painted their fencing grey and the posts between black and has put outdoor lights in. There is a rotary washing line. There are lots of pots with tropical plants. Lots of bird feeders and bird houses and a bird bath.

The other has planted fruit trees and lots of rose bushes, The fences are covered by climbing plants.

@Bluntness100

This is a bit confusing

What is it you want to do?

I haven't thought that far yet, as if everyone needs to agree then the best place to start is 'do you want to make some changes' I thought.

I would prefer this to a free-for-all tbh, although it might end in less getting done I suppose.

Just landscaping/gardening stuff though, nothing major.

@HolesInTheGrass has hit the nail on the head - getting agreement to improve could be easy but what constitutes improvement might be tricky!

Do you not have a management company that is responsible for the maintenance of the shared areas & the governance?

Do you have a WhatsApp group, you could just ask for opinions.

We have communal space on the road that I live on and we have a gardening company on contract who come in every so often. Nobody has wanted to make changes since I've lived here but I would give it consideration if someone did and asked the resident's group. The things that I would be wary of would be someone being over-ambitious and not being able to follow through, so it might end up looking less attractive than it currently does, or putting in something very high maintenance so that our gardening costs go up, or someone putting a lot of effort into it and then assuming a sort of ownership of it, eg getting annoyed if kids accidentally kick a ball into a bush and damage it.

Ok have you a way of contacting the others easily

If so why not say would a group of you like to get together to discuss improvements to thr shared land, Ie plantings etc.and see what they say.

Generally if you just want to plant some nice thing the only issue will be if you want folks to chip in.

I'm going to start with contacting owners then, thank you all.