Shared garden or not?

[gardenwoess]

this could be long! I bought an apartment in 2007 with bi fold doors which opened into a garden. I was young at the time so it was technically bought by my parents who handled everything

The other apartments had no access to this garden at all unless they walked up a road, down a main road, up another road and let themselves in
The only access is via my apartment except for that

The title deeds don’t really seem to show any ownership of the garden now I’ve looked but I’ve had sole access since 2007

Now someone has installed a door into their apartment through a wall at the back and is claiming the garden is shared. My management company are expensive and useless
If the person sits in the garden on the bench I have out there, I can’t open my living room window with smacking them on the head, and same with the bi fold type doors (sliding though but you get the point)

I am literally staring at the back of their head, unable to open my window while I’m watching TV and can’t hear the TV because of them on the phone screeching down it an inch from my window

any bright ideas?

Basically when I moved in

imagine a garden at the back with folding doors leading out from my apartment and it was all fenced off from the road with a back gate to give me access to the road if I needed to

neighbour had a window, and no access, no garden, no door. Just a blank wall with a window looking over some flagstones at the end of the path

Yes that’s part garden, part flags
the large bit on the left is grass, the rest is flags
the garden is cut included in the management company

Sorry it looks very much like it is shared, if it was yours it would be included in the boundary, and the management company wouldn't be cutting it.

Do the deeds show anything?

I guess my point is how can it be shared with no access to it except by walking through my flat? Or a 0.7 mile walk
there is no other back door - none of the other apartments can use it as they can’t get to it

forgetting the door as it wasn’t there for 17 years!

Here’s the window of theirs originally (before the back door) so you can see not designed to access
and the path to the garden
and the garden (I’ve put it as photo 3 just so it’s a bit less obvious as it’s quite outing but I have NC!)
the path is on the left of the garden photo

The land registry will have a dotted line on the plan showing which bit is included in your title. The title might also make reference to your rights over the garden, as will the lease. Can you download that to share? It's very cheap.

I wouldn't class that as a private garden. That looks like a shared outdoor space. You're entitled to ask the neighbour not to use your bench though.

It can be shared for the simple reason that you don’t own it exclusively. This was something you should have made clear when you purchased. I understand first property when you’re young you often take things for granted but over the years did it not occur to you how outrageous it was that all your neighbours paid for your garden maintenance? That should have been a bit of a clue.

You’ve probably just been really lucky until now. You should certainly seek legal advice because if you can claim it exclusively it is a huge benefit to the value of the property and your life there now. But from what you’ve posted I think you’ll be out of luck. You could also try the planning route, though I suspect if neighbour didn’t get permission they’ll just have to apply retrospectively. But you should also consider how you can better share the garden with your neighbours - e.g. seek to extend the patio, so there is seating that isn’t right in front of your windows.

You need facts not photos I'm afraid. Buy the official copies (not just the £3 download versions) of both your flat and the neighbour's deeds, also possibly the freehold title. Read in detail what is included or excluded.
From that you should know what you actually own or have rights to use, and whether exclusively or not. Sadly it may not be clear.

Another angle on this is the new patio door. Who owns the freehold? Doors and windows are normally a freeholder responsibility rather than leaseholder (check your deeds though)! So normally the Freeholder would need to approve any change from a window to a patio door. Did that happen?

No because there is a front garden - the maintenance done in mine is 5 mins of mowing, the majority of the garden maintenance goes to the front or to the other block of flats
we are lumped in with another block of flats so we also pay for rubbish removal at the other block which isn’t fair but there you go!

it never occurred to me that a flat with no back door could start using the garden TBH as I didn’t think they would walk over half a mile to get into it

i guess auction will be the quickest sale? It won’t leave me enough to buy anything else but I’ll have to do it before the other flats start using it too

The management company - I have no idea if it was approved or not. They’re incredibly hard to get hold of and anything I ask gets charged
we already pay over £250pm on an apartment worth less than 100k…

the document I have here is labelled completion of registration and title plan, is that the one?

You could speak to the freeholder and offer to buy exclusive use of that bit of garden which, if agreed, would allow you to put a fence or gate up on the boundary to keep the neighbour out.

You will need to establish who owns what bit of garden before you sell.download the land registry entry for small fee then get a solicitor involved. See if you can mark out your boundary or if in fact it is communal
The fact the freeholder or management mow "your" bit implies communal

@gardenwoess can you colour your property because your drawing is rubbish! even better to zoom into google maps and take a pic, showing your house and their house. on your title deeds your property will be outlined, usually in a different colour like yellow

If it is shared, could.you arrange a rota whereby you share it every second day? It's awkward for 2 neighbours to be sitting in the garden at the same time.

i have the title deed here, is that the same thing?

fuckkkkkkk
I have enough stress without having to sell this for fuck all and not be able to afford somewhere new. I’ve been here 18 years with no issue

No because if it is shared that means there is way more than 1 neighbour who has access! If they all start using it we would have to have a 2 week rota

@gardenwoess where is that window of theirs in regard to your patio doors?

Is this neighbour awkward or odd? Has there been bad feeling between you two? I think it's odd that they are sitting on your bench.

Did you speak to them when you noticed a door was being built?

If it is shared, they have right to access the garden. You will need to come up an arrangement as to who uses it when.

Triangle is the garden and red x me obviously so patio doors there
red top x is neighbour
blue line is window, now door

I wouldn't even class it as a garden as such it's just common land surrounding the block, it's very common.

You need to see a solicitor.

But, even if the garden is shared the neighbour doesn't have the right to sit on your bench or block your doors or windows. Ask him to move when he is on it and if he wants to put his own furniture in he can, but not in front of your door. Also open the window if you want it open.

I won’t cause issues with them as I don’t want it to be a neighbour complaint as I’ll need to sell TBH
I can’t afford a solicitor and can’t really afford to move - if I sell it as a shared or no garden I’m looking at 65k which won’t buy me anything else

I don't think you can do this as you can't put furniture in a shared garden and tell people they can't sit on them. They will just say that if you don't want people to sit on them, then don't put them in a shared garden

It does look a little awkward for them to use this bit of land but if you really can't stand it then I think you do have to move unfortunately.

Post your title deed and title plan with the address blanked out and we can say for sure but it doesn’t look like it’s your garden.