Neighbour fenced Communal Garden

[Onthefence22]

I own my property and share a communal garden with 2 properties. We live in Scotland.

My neighbour has decided to fence off half the garden, he is a Tenant.

I have my Deeds and there is no mention of any split etc.

My concern is when I come to sell which I intend to do, the deeds don’t match what is here, also I’m hacked off I wasn’t asked. I arrived home and saw the fence??

Whats my options if any.

TIA

Not a legal bod by any means but I'd say the first port of call is to complain to his landlord

Have you spoken to fence man and explained that it's shared space?

Thanks, I have done that via ems to keep a trace and he wasn’t interested, only comment was it’s a nice fence?

I wasn’t able to as the fence was erected when I arrived home. I’m not sure who erected it.

knock and speak to him, explain the situation.

I’ve also done that and he’s not interested, I believe this is because the LL isn’t bothering.

I do believe they both know it’s wrong and probably realise for me to do anything it will cost a fortune.

When I said fence man I meant the tenant who you say arranged it.

Have you got legal cover with your house insurance? They may be able to help.

CF!

Oh, sorry, yes did that, he wasn’t interested unfortunately.

What does your other neighbour think? Split the cost of a letter from a solicitor - it's worth it, to preserve the value of your house.

I don't know Scottish law, but it's possible that there has also been a criminal offence, as you and your other NDN are effectively deprived of access to your property.

Do you have a factor? They might be able to help. Not sure from your op if it is 3 properties in total or just 2.

But otherwise it is checking house insurance and getting legal advice, you are right this could have an impact on selling.

Alternatively, does the split work for you and give you your own private space? If so get the landlord to make it official and change the deeds. This could be an advantage as lots of people like a private outdoor space.

Send a letter asking for it to be removed in 7 days.

contact the council even though they might do nothing

papertrail they can’t seize ownership of shared land

The split kind of works but it’s not private to me alone as the other neighbour uses it when she feels like it, which she quite rightly can.

I may ask for this part to be officially mine but not sure if possible as 3 people share and it’s been split in 2.

Don't put anything in writing to the tenant/CF LL in any form (including What's App/SMS etc) that suggests you may be happy with the split, until you are sure that is what you want. Your position should be that the fence needs to come down. Don't muddy the waters at this stage.

The other neighbour isn’t bothered, she’s elderly and only uses it to access bins. Basically the neighbour who has fenced the garden got lucky as he knew she would agree and on speaking to her did, as she wasn’t bothered.

Inform the tenant's landlord immediately, in writing, registered post, that his tenant has obstructed the land you and LL jointly own, and that he must immediately instruct his tenant to remove the fence and ensure it is done.

Otherwise you will contact your local council with a formal complaint against the LL's Landlord Registration status.

In Scotland, all Landlords must be approved by and registered with the local council and he absolutely cannot afford to lose their approval or his registration. You can check his registration at the council (via the address of the property).

Oh if there are 3 of you then do not accept it split in half. Tell the daughter that it will significantly decrease the value of the property- she might be more interested then!

You are going to have to be assertive that the fence comes down or you will be taking legal action. The landlord is unlikely to take the fence down unless you do they have gained a private garden and potentially increased the value of both rental and sale. But they can’t do that it is a shared space.

Buy yourself a deckchair and get thyself out there....

One thing you should do is keep using the fenced off bit of garden. Go into it and sit and read, invite friends with kids who play football and let them kick a ball around there while you sit in the unfenced bit. Move garden furniture around. Plant things. It is your land too and you should continue to treat it as such. Generally, do not accept his attempt to make it private.

Just tell them to remove it or solicitors will get involved.

Sorry, is it owned by you. Communal gardens here in the uk are owned by the council.

I’m guessing English isn’t your first language? I don’t mean that sarcastically btw! ‘Garden’ can translate as ‘park’ in some languages.

Houses or flats can share a garden, owned by the owners of the properties. It’s different from a public park.

Passive aggressive mumsnet at its finest first thing in the morning. What would suggest that the poster doesn’t have English as their first language? It depends on the part of the country. It’s unusual for one garden to be shared by 3 houses.

Keep using that section if you can, maybe put something of your own in it (garden chair/bins etc). Write to the landlord and explain you will be taking this further if it is not rectified. This could either devalue your property or cause big problems should you come to sell so definitely don't agree to it.