Advice needed about something our tenant has done

[saltire]

DH and i have rented out our house for the past 10 years. For the past 18months a young (20something) girl and her partner live thier. We have absolutely no problems with them, no complaints about noise, rent always paid on time etc etc.
However, when i was down home at the weekend, i me tthe tennant and she was chatting away and mentioned that they man in the house next door had started doing the garden.
To explain : House is an upper terrace, it shares a garden with the house below and the top and bottom houses on the left of it, each garden is divided into four. On the other side the houses are set up the same. The man in the upper house on the right has started doing the garden for her. His garden is separated from ours by a fence, and his garden in also one of four on his side( - IYSWIM. Anyway it turns out that he has taken down the dividing fence so all eight gardens are all like one big open space. He cuts the grass for all the gardens and has, according to our tennant removed and old tree, pulled up all the shrubs we planted and generally kept it nice.
Whats bothering me though, is this - if it's kept like that indefinately, how will we able to get the dividing fence back up again, as will there not have been a sort of "right of way" thing.
Sorry if this doesn't make sense, i am just a bit worried that we won't get our garden back again

legally, i believe it would take many years for a right of way to be established, the legal boundaries will be drawn on the deeds of each house and the fences delineate them. even if removed, don't think this means the boundary is then gone.

I would perhaps speak to this gentleman, thank him for assisting and politely request that it is noted the fences are being removed temporarily only and the boundaries still stand. sounds like he is a nice chap who enjoys gardening, so i wouldn't go off on one!!

if want to make it a bit more formal, and to have something in writing for your own peace of mind, perhaps write to him and to explain you are concerned about boundary issue but appreciate his help with maintaining the garden? is he expecting to get paid for this work?

I'm not going to go off on one, as i am really happy that she is keeping the garden nice. However, the fence isn't just mine, there are three other houses share my garden, and three other houses share his garden. I don't know if he has asked any of them if they mind if the fence comes down. Also, if we move back to that house, or get a different tennant in with young children, then i would wnat the fence put back again. I will then have to pay to get it back up. The paperwork we have for the house cleraly states that it is a four way split and that each garden is seperated but we share a communual path.

if he has taken it down without everyone;s permission, there might well be an obligation on him to restore it - is there a clause in your tenant;s lease that asks that there are no material changes to the property? it's all very well him doing everyones garden, but as you say, if new tenants move in with young kids, why should you have to bear the cost? perhaps if he is capable of removing the fence without a charge, he can erect it again without a charge? has he disposed of the actual fence ?

might be worth discussing this over a coffee or a pint (!) with him and other house owners, as you don;t want to get hit with a bill for a new fence 6 months down the line and I'm sure the other owners won't either

I think i would want something on paper. It might be worth checking with your solicitor, and it shouldn't cost a bomb, but a letter along the lines of 'we are happy that you have maintained th garden and give temporary license - to be rescinded on request at any time - for the gardens to be merged, but would request immediate restoration of the boundary fence at any time it might be required.'

agree with blu, a solicitors letter, when simple, as this matter is should not cost a lot, and will be cheaper than a new fence!! if you have a friend or family member who is a solicitor, sure they would oblige!! ask CAB as some solicitors will do free legal clinics in your area and that's a great place for good advice!