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?

Yep, it will be. But am I really going to report them and get a pet taken off them? That’s going to start a dispute if I want to sell… I’m holding off and will see if another neighbour reports it

the lease rules are really really strict

If you don’t tell the neighbour that you reported the dog, they won’t know. Tell the management co that you’d like to confidentially report a breach of the no dogs rule.

Although you said it’s a new mgmt co—they may not care. Our deeds say up to 2 pets and our neighbours have 2 cats and 2 dogs, and the new mgmt co didn’t do anything when my neighbour reported it. He was really upset.

Not new as such, we’ve been lumbered with them about a decade now
Probably the end of the thread but if anyone comments and I don’t reply it’s because I’ve gone to bed!

My freehold new build has a shared front garden. The title deeds clearly show teo marked parking spaces per property, the rest is shared, even though the grass area is essentially in front of the end house and window. There is another grass area as well. All of that is still owned by the developer and we pay for the upkeep which is in our deeds to do so.
From what you have said that there is nothijg on your deeds and the other property contributes then it is a shared garden. Unkess your title deeds specify that the garden is yours and it had the red outline as part of your property then I would think it is shared.
Then sitting outside your window is annoying i would remove or move your bench first. Then try and work with the neighbour to arrnage the space in a nice way that doesnt cahse an issue to either of you
That is assuming you have no legal exclusive rights to the garden which would be clearly in your deeds if so.

yeah that's not entirely true. My 2 neighbours and I jointly own an area of land that is outside our houses. We all understand this and have got paper deeds with the area marked out. Its not mentioned at all on the Land Registry documents.

Then you need to apply to the land registry to get the title plan changed. If the land is registered (which it will be unless it hasn’t changed hands since the early 90s) then the land registry will have that land down as belonging to someone else.

you can use the land registry map search to drop a pin on the land and it will tell you who owns it.

Now ownership is clear, you could try to stop the problem by chasing the management company up about the new door to see if it's been approved. Object to it.
And report the dog, it is affecting your enjoyment of the flat and presumably using the garden as a toilet.

Also report the door to the planning department at the council.

If the door goes then less likelihood of people using that communal garden.

Also you could offer to buy or lease from the freeholder

oh thanks that's useful!

@marsaline have you got a link to the drop apin in the map thing please? I can't find it.

Do you own a share of the freehold or is the property leasehold? Do you know who owns the freehold, if you don’t own a share?

It does appear that the garden is shared from the deeds and from the fact that the management company maintain the garden. However, your neighbour would probably need the permission of the freeholder to install a door where there was a window. You could also check the original planning permission for the building to see if there are any clues in the original plans.

They would also need planning permission. Have you checked the planning portal to see if they got planning permission?

If the communal garden is needed to satisfy planning requirements, I doubt the freeholder will be able to sell it to you. They might agree to sell a small area though.

https://search-property-information.service.gov.uk/search/search-by-map/

here you go

They may have applied for an exemption
It could be a support animal

many thanks

I don’t understand why you think it’s yours when the neighbours can access it by walking round. If they have a right to access it albeit inconveniently then that’s evidence that it is shared.

I’d patio an area further from your doors.

Solicitor jobbie I'm afraid. Get the facts. Check with LR. There 'may' be something in the fact that only you have utilised it for years and that neighbour has had to gain access by creating a new access point and it also impedes your view/enjoyment of your property. SOLICITOR ASAP.

There is something in the sole access for nearly 20 years. Boundary law. Contact Ordnance survey for advice re LR.

She hasn’t had sole access for 20 years. It’s been maintained by the management company on behalf of the freeholder who owns it.

There is something in Boundary law that if un contested after a certain period of time it becomes new boundary. You need the real life solid boundaries surveyed (contact Ordnance survey, customer service centre) you can then contact Land registry re title deeds etc. I'd be very surprised if a neighbour having fancied access to a bit of garden can just put a door in their property to access it.

I’d be inclined to move the patio slabs too

You’re making this up based on something you half know a bit about.

this is registered land and it is maintained for the benefit of those who live in the building, whether to actually use or just to make the building look nice and therefore add value that way. Just because the op has been the only one sitting in it doesn’t mean she can claim it as hers.

@gardenwoess you say they are not allowed to alter the doors or windows but that is exactly what they have done!! get to management armed with that!

I used to live in a block of 6 flats and the back garden was shared even though the upstairs flats didn’t have direct access into it and had to walk round the building. It was a communal space that anyone could use.

Could you put some of that one-way mirrored film up instead of having to pull your blinds down? You’d have the privacy without loss of light.

A radio placed under your window and a newly discovered love of Chinese opera?

I have this on my front bedroom window and it's great - just looks very slightly tinted from inside.

Only works when it's brighter outside than inside though, don't get changed with the curtains open and the light on! 😂

Also - shunt the bench over to the right to the gap between the windows so they're not literally leaning on the glass.

Agree with the radio suggestion in front of your window so it blocks their voice coming in a bit. Might even make them move further away if they're on the phone.

But I'm confused why the garden is showing as unregistered on LR if the flats were new build - are you sure it's not connected to another large bit that has a ref no by a little sliver of land, did you zoom right in?