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?

I used to live in a flat with a roof garden. The top floor flats all had direct access out to it but anyone in the building could use it if they really wanted to go up there (most didn’t). It’s the same situation but in your case there’s a gate not a door.

Have you got the deeds now?

I'd speak to a solicitor I think.

Op I agree with PPs - if it’s not on your deeds it’s not yours - it’s a communal space which everyone is paying for in their management fees. You’ve just had it good for the past 18 years that hardly anyone has used it and you’ve had what you classed as your garden maintained for you.

i think you need to have a chat with the neighbour and establish how you will share the garden as you are the two flats with direct access and will likely use it the most. You could both agree to not using each others patios.

the house I grew up in had a shared communal yard for 3 terraced houses (which they all had legal ownership of part of the yard and also had to maintain together). you find a way to get along with folk and share the space - if your otherwise happy in your home I wouldn’t automatically be looking to sell

Waste of money.
It will all be on the deeds.
So unless you can’t read why bother.

Plus lovely mumsnetters are free 💐 and very good at understanding LR docs 😃.

and Im actually a solicitor and have offered numerous times

I agree with others...looks shared and I think you have just been lucky that noone else has used it during the years you have

Ask the neighbours not to sit directly outside your window and hope they take that on board.

Sorry, things have moved on quite quickly
the neighbour has got a dog, that explains why they're now using the garden, it’s just run into the garden to toilet. Looks like a collie type

I can’t afford a solicitor so I’ll wait until I can afford to sell and then go from there. My dad has suggested daylight bulbs to add more light while the blackout blinds are down on the window and doors as it’s really dark in here now so that could work

Yes I thought you might be from what you’ve written.
I had you in mind when I wrote that post. You are clearly chomping at the bit to offer free professional advice.

Ive screen shot your username just in case 😁

I’ve found them, it’s not my garden or my neighbours so I guess it belongs to the leaseholder/management company
pretty useless communal area when 95% of the residents can’t access it without walking half a mile!

sorry that probably sounds snippy, my fatigue has kicked in and I need to sleep but they are sitting under my bedroom window throwing a ball for the dog now

I'm bored. I'm a lawyer and we hate faffing about when we can just give the answer in a couple of minutes.

In that case I'd just remove your bench. They can still use it but will be less inclined to sit right outside your window.

Me too. Im an architect, I wish designing had quick answers. I hate bloody clients changing their minds 🤣🤣

If it seems the patio belongs to your flat but not the garden, could you fence off the patio or plant a bamboo wall around it? Can you put a washing line up? Mr New Door surely wouldn't enjoy sitting in the garden surrounded by your laundry? (Or maybe he would!).

No we aren’t allowed any washing on view inside or outside

Immediately being determined to sell seems a bit extreme, unless there are other problems with the flat? How about a pp’s suggestion to fence off the patio or plant a bamboo wall round it?

Here (had to use a piece of paper to cover road name!)

the lease does also say no alterations to door and windows and no dogs (but then it also says I have to decorate in approved colours and clean the windows monthly…)

or, as someone else has also suggested, try talking to your neighbour and asking if they can sit somewhere that feels a little less close to your flat?

Agree with pp. You need to get rid of the bench. Or just move it as far away from your window as possible.

@gardenwoess my property has both shared/individual garden space. The individual garden space is clearly shaded/outlined on my deeds, and the shared garden space is not. Same for the gardeners—they mow the communal spaces, and don’t touch our private gardens. Your deeds appear not to have that garden included under your ownership. Perhaps move the bench to your own little patio bit and if the CF neighbour sits on it, give them a friendly reminder that the patio is part of your property, just the same as theirs is part of their property.

As PP have said, it’s worth investigating just in case…it just looks highly unlikely.

I have no privacy now at all if they can use the garden. It gives full view into my kitchen, bedroom and living room plus the glass doors
I’ve put the blinds down which are blackout ones but it’s now obviously incredibly dark
when I say under the window, they’re sitting with their head leaning back against it

If your lease says no dogs, surely your neighbour’s is the same?

Turns out the patio flags aren’t even part of my property so they can sit there (although I’ll be binning the bench!)

OK, so how about talking to them and asking nicely if they would sit somewhere else? And, of the benches yours, moving it or telling them they can't use it?

Can you say to him that those flags are yours and that's why you put your garden bench there. On your deeds it's shown & included. Please don't invade your space & sort out his own seat away from your window.