Neighbour Dispute

[Zoed81]

Hi,
I wondered if someone has any advice?

I own a top floor flat in a semi detached house. The owner downstairs as well as myself are leaseholders but she owns the front garden and I own the back garden.

I've lived the property for 18 years and she has lived in her for 7 months. There have been a whole host of land disputes between us since she moved in and yesterday I received a solicitors letter along with a copy of their title lease. The following two clauses stated on their lease comes under a list of covenants, however these are not listed on ours at all, but states that she has the right to pass or repass on the paved area in our leasehold so she can wash her windows, maintain or repair her property. Is this possible as I would've thought that considering that her lease implies there is a right and that we are the burdened land, that surely these should be on both title leases, otherwise how would we know about them, and so far we are in breach of them? These rights are also not on the land registry documents for both properties either.

• The right to hang up washing at the rear garden of the property.
  
  
• The right right to keep a Dustbin or other sealed container in the area marked bins on the plan
  
  My title lease is dated a couple of months before hers, but is going back to 1986, so if there had been an alterations made to her rights, would it show this on the land registry documents? There was certainly nothing on our sellers info nor were we told about these rights when we bought the property.
  
  Any advice is appreciated.
  
  Thanks Zoe

[Zoed81]

Hi sorry, think I must have confused things as maintaining her property is what we've always allowed her to carry out unhindered and we've never objected to this because of what it states on our lease. It's the issue of hanging her washing in our garden and being able to store her bin in our garden, when she has her own front garden. We're against because it does not state she has the right to in our lease nor did anyone previous to her moving in carry out the same, but it became apparent from receiving a copy of her title lease via her solicitor a few days ago that these rights are stated on her lease but are definitely not on ours. This is what I'm questioning but thanks for contributing anyway.

[CrackersDontMatter]

In your situation, I would personally allow access for the windows and maintenance but I'd definitely want to make sure it was a goodwill gesture and not written in my lease.

[CrackersDontMatter]

I wouldn't want her bins or washing in my garden to be honest. As far as the windows and maintaining the property go, I'd much rather she asked as and when than her having unfettered access to my garden. I would HATE not knowing if someone was going to suddenly appear in my garden. I'd never be able to fully relax.

[BlanketsBanned]

Do you have windows at the front of the property, of course she needs access to the back of the house to wash windows and carry out any repairs, the same as you do if you need anything doing upstairs that faces the front. The washing line no, could she hang it out the front. The bins, is it easier for access if they are all in the same place.

[Fushiadreams]

I’d also add op I think if this went to court, and if I was her I’d go there, then she will win unless there is a back story or this is written badly, as it is completely unreasonable to not allow her access to wash her windows or repair her property.

[Fushiadreams]

I can see why you’d not want her washing but I cannot perceive why you’d not let her wash her windows or repair her property, that’s biting off your nose to spite your face, you want her property maintained and clean and I assume you want to do the same to the front of yours,,,also do you really want her bins in the front garden?

[Zoed81]

We have just put a claim in to our insurance company to get this investigated into. We have got a copy of both of our title leases because her solicitor's enclosed a photo copy of the official copy that they claimed to have got from the land registry. We also have the title lease from when we bought our property.
I'm hoping these covenants won't be enforceable so thank you everyone for giving advice or sharing your experiences.

[Zoed81]

Thank you for sharing that with me 🙂

[seemsikeaniceday]

You can apply to Land Registry for a copy of your and your neighbours full lease, not just the register but the full lease. There is a nominal charge but worth it.

This way you can show your lease does not contain the subjective rights.

[Collaborate]

If your lease was the first granted, and there was not a clause in it that said your enjoyment of the garden was subject to the following rights reserved to the seller: (followed by a list consistent with the rights claimed by those below) then it should matter not what rights the seller purported to grant to your neighbours as the seller will have lost the right to grant those rights.

However you must look in your actual lease. Land Registry won’t necessarily contain a list of those rights in your title.

[Melassa]

Not at all an expert but similar happened to a friend of mine when the flat adjacent to her sold. New owner demanding access to all sorts as it was apparently written in the lease. It later transpired there was some creative tinkering on the part of the seller to make the property more attractive (it was the only flat without outside space).

I think she went legal but only in the form of a solicitor’s letter, because the new owner was being a pest. Do you have a management company?