Can my neighbour do this?

[Sleep1975]

He has fenced off a communal garden that is shared with me and 3 others. The 3 others were asked and agreed, I wasn’t asked.

There is nothing in deeds that permit this to be done.

The neighbours Landlord has no issue with what he has done.

Is there anything I can do?

Ok so it just seems as sectioned for own personal space which has given me personal space, this is great.

My worry is it is false, when I go to sell it would be that the “personal garden” isn’t, if you know what I mean. Also when he feels like it he can and will change it again just as he has done already.

Deeds do not have anything individual spaces only communal to the households.

I actually want to do something with the part allocated but just worried it can be taken back as quick as it was given!

Is this related to pets in any way or any other safety issue? For example do they want a dog free area? Or do they want a child free area?

It sounds like a number of residents are in favour of having this separate area. It would be expensive and time consuming to create it. Why did they do it?

I don’t want to sound funny but it does sound like they have an issue with how you use the garden. If not, then you do need to find out why they did this.

It could actually be a good marketing tool. Communal gardens are big and it would be useful to have a no dog area if families live there.

Is this a tenement back green?

Is the property registered with the Land Register?

If so, have a look at the Title Sheet. In the burdens section, check for a Deed of Conditions and then the entry relating to the first sale of your property as an individual unit (the breakaway deed). You are looking for any burdens which relate to the communal area. What you are looking for is not a condition permitting division, but instead burdens that enforce keeping the area open and accessible to everyone.

If all pro indiviso owners of the communal area are content to subdivide it, and there are no prohibitions against this, then you would all be advised to register the subdivision with the LR.

Just a short update, I’m not much further on other than still looking at the horrible fence.
My Solicitor doesn’t see the big deal there for the problem is really being resolved.
The fence is approx 5ft from my dining room/kitchen, my view unpainted and the “bad” side.
Its really got me down that I live somewhere that I pay a mortgage for and neighbours have taken it upon themselves to split as good as in secret!
I am seriously considering selling soon now as it is volatile here and I hate even leaving my own back door.
My other worry is if I do fight this what will the cost be and will it be worth it. The garden is very small so with the divide there isn’t very much space at all in fact so so small I cant look up and see my roof anymore.

You need to post the wording from your deeds for anyone to advise.

I would just sell up, you sound unhappy there.

I’ll try to get that done.

You are correct, we are unhappy but love the house, it feels if I leave I have actually been forced to, so difficult to know what to do.

Just an update…

I have had my deeds and title sheet etc checked by my Solicitor and as thought the whole ground is communal and should not be sectioned.

My Solicitor thinks I should leave this and not pursue the matter as it is a boundary dispute which looks bad if I attempt to sell.

I’m not sure I agree this is the best way forward.

This morning there is dog dirt everywhere it’s just disgusting and stinking.

I can really see me enjoying my “space” this summer 🙄🙄

Is the dog mess in the bit they haven't sectioned off? So their bit is nice and clean?

No it is in their bit. The garden is very small and slabbed so it all really close proximity.

If you're thinking of moving soon anyway I wouldn't complain. You'll be asked on the legal forms whether there has ever been any dispute/complaint against the neighbours and you'd be better being able to say 'no'.

Complain to the environmental health about the dog mess....

Your solicitor is wrong.

it is not a boundary dispute.

it is a subdivision of land that is expressly forbidden in the burdens affecting the property. Thats the whole point of communal burdens!

future purchasers would be advised by their solicitors that this subdivision is a direct contravention of the burdens and could very well be put off buying because of this.

i’d be asking your solicitor why they have given you incorrect information.

Thank you for this advice. I’m so mixed up with the whole thing and it’s making life so miserable!

I think my Solicitor is perhaps trying to protect me probably from more grief and cost but it’s very difficult to just be quiet and accept.

When you sell a house in England (and think it's the same in Scotland, but can't be certain) you need to declare neighbour disputes. What the dispute is about is irrelevant.

Personally if you plan to sell anyway I would absolutely not be raising this as an issue and very much be selling in it as a positive- the whole garden is technically shared however has been sectioned off for privacy, which is lovely as it's a very private little terrace sort of thing. I'd put a bistro set and some pots out and wouldn't waste another minute worrying about it.