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

Maybe just remove it?

Tell the landlord that if it is not removed you will start legal proceedings and sue for costs.

This. What can they do?!

Here in the uk!!!!

The op clearly states she lives in Scotland which is still very much part of the UK. Though everytime someone makes an ignorant comment like that makes the chance of a split that little bit greater.

Communal gardens are common in Scotland with the tenements. Maybe refraining from commenting on something you know so little about.

It is a sort of weird set up, it’s more perhaps a court yard where the house are built round it, hoping that makes sense 😊

I have my deeds and there is no mention of a divide. I’m concerned it devalues my home, also the neighbour can change the set up at any time if he likes so I’m not going to do anything to the side I’ve been given.

To add further problems there are now problems with the drains!

Oh get lost. I grew up in another country and this would be confusing for someone from there, as 'communal garden' and 'park' would translate identically.

It's not uncommon for UK houses to share a garden - pretty common in cities like London and Edinburgh and literally explained in the first line of the OP. I actually posted because i was worried that people would pile on the PP, pointing that out.

Go to the council in the first instance and see what they say.

Do not say that you can live with this as that implies you are happy to give up some land which could prove tricky in the long run especially when you go to sell.

I think you have misunderstood. @Oblomov23 's whole point is that Scotland is in the UK - and that is why she is surprised, because she didn't know communal gardens were a thing.

There is no need to jump down her throat. I think she may not be native to the UK (though apparently it's passive-aggressive of me to think that...).

Lots of split houses share communal gardens in London and elsewhere. It’s very common.

I’d call an EA and ask which is worth more - communal or private garden. I suspect the latter.

Then I’d message LL asking if he’d like to officially split the cost of splitting the garden in deeds. If anything, I think this will add value.

You can't agree that the LL gets half and op and the other get a quarter each. It needs removing and I'd send a letter first, report to council and then get legal advice.

Can you still access the fenced off part of the garden? as others have pointed out you are still entitled to use the garden so make sure you make use of it. Maybe invest in a little ladder if you need to climb over. They are CF

I think you need to refer to the whole area as a communal drying green.
This is the phrase used in Scotland and the original purpose of the land.
Dry your washing there.

For the love of god, do not do this at this stage, OP. You will be giving away your most powerful negotiating position - that what the tenant has done is unlawful: certainly under civil law and possibly criminal law too.

It is very likely not as simple as dividing the garden at will. There may be covenants around communal use (assuming those are a thing in Scotland) and, even if you agree to divide it, it needs careful thought.

Speak to a solicitor first. Do not suggest any compromise to the LL until you have done so.

“For the love of god” is quite the dramatic opener to a perfectly reasonable comment. 🤣🤣

For the record my parents did this exact thing, and it was pretty simple. Cost a few thousand but increased house price more.

My suggestion was simply “is a split garden worth more or less”. Yes, tenant acting unlawfully but the point is can the OP turn this to his/her advantage? There is absolutely no loss of “negotiating power” as nothing is legal until OP agrees to it. But a private garden might be better in all senses for everyone, and rather than having to buy out the LL, OP can say (IF S/HE WANTS TO) “as you’ve done this I won’t legally seek to separate it if you agree to deed change and cover fees for 3rd party (old lady)” or whatever.

DEAR GOD WHAT HAVE I SAID?! 🤣🤣🤦🏻‍♀️🤦🏻‍♀️

What is the status of the other neighbour? I don't think she can just OK the takeover of a communal asset.

I think you might find not having a shared garden, but having you own bit improves saleability. I wonder if you can make it official?

See if you can get an appointment with CAB. I'm in Scotland too and we have a communal garden. It clearly shows on our deeds, who owns what bit with the rest being for everyone's use. If there's no boundary markings on your deeds I'd contact citizens advice to find out who to refer your issue to.

If that is so then each bit needs to given fairly - garden piracy is not OK!

So the land grabbing neighbour has taken half for himself and thinks the remaining two neighbours can share half each? Eh, no. If the garden can be divided in three so that all three have a useful share, then it might make sense. But the OP and land grabber can't just change the deeds to have half each and nothing for the third owner. I imagine the family members of the elderly neighbour won't agree to her property being devalued.

This. Stand your ground, the fence is on your shared land and you are continuing to exercise you rights as a joint owner.

Where I live we have shared ownership of a strip of land with trees and when a new owner moved in, they thought that the bit in front their house was theirs, until we showed them our deeds. That LL might be able to claim ownership of the fenced off land in the future, so send a letter objecting and include the part of the deeds about shared ownership.

My one neighbour fenced off a corner of the field (owned by a local college) behind his house and was able to sell the house, including the land that he had stolen ten years previously.🤷🏻‍♀️

I'll be honest, I was hoping for a diagram.

Take a panel out and go hang your washing on 'his' side

Take it all down and wait for developments

It would be terrible if there was a bonfire on the drying green that happened to char the fence...

Not advocating this btw as I do realise it's illegal but this would be my revenge fantasy!