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Shared garden or not?

164 replies

gardenwoess · 04/04/2025 14:51

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?

OP posts:
Thread gallery
15
Funnywonder · 05/04/2025 13:24

kiterunning · 05/04/2025 08:52

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

Perfect😆

Kandalama · 05/04/2025 14:14

CowTown · 04/04/2025 18:13

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.

Asking for something to be confidential is pointless if they do a FOI request.
You get the same the the local council. They can’t guarantee confidentiality.

Coco1379 · 10/05/2025 19:31

What do the deeds say?

housethatbuiltme · 11/05/2025 13:52

If the land is unregistered and you had soul use from 2007 with your belongings in it (like benches etc...) then you can apply for the deed through adverse possession.

Problem you have now is neighbor will probably challenge it.

2024onwardsandup · 11/05/2025 13:53

Talk to a solicitor and make an application for access possession

housethatbuiltme · 11/05/2025 14:16

Ok having read everything I would just put a locked gate up... what are they going to do? depute it and out themselves that they are braking more rules too about access alterations and pets. 'You must gardens to take down the gate so Mr Collie who I'm not suppose to have can crap in the garden', 'what do you mean how am I getting in, through the non allowed door modification I had installed'.

It was clearly designed to be private, you paid more money and have a glass fronted area direct to your living area (privacy/security issue in a communal space) and have had exclusive use the entire time. The flag stones look like nothing more than a legally required fire escape access.

If the company come back to you, you have plenty of solids points to argue your case.

mumda · 11/05/2025 15:13

gardenwoess · 04/04/2025 15:03

That shows nothing registered at all

What do their deeds say?

Whattodowiththesewindows · 12/05/2025 10:25

Use something on your windows to give privacy but allow light .Venetian blinds ?
That mirrored film and gauzy curtains ?
Put some kind of barrier round your flags .Maybe big pots planted with bamboo .Or those wooden planter boxes with trellis attached .
It will cost money but will be cheaper than moving .And removal probably won't be enforced .What do you think @marsaline ?
I know it must sting to find out that your home is not what you thought it was but it's really only one neighbour who is going to be using it and I agree ,go and make friends with them .
Finally ,sounds like the management company look after a number of linked properties so I'm not sure how feasible ,or workable with a number of differing residents ,but leaseholders can take over the management themselves .
You might need a resident with time and expertise to push it through .
https://www.gov.uk/right-to-manage-a-guide-for-landlords

Right to Manage: a guide for landlords

As a landlord, find out if the leaseholders in your block have the right to take over management of your building, and the process they must go through to do this

https://www.gov.uk/right-to-manage-a-guide-for-landlords

Heronwatcher · 12/05/2025 12:23

From the plan the OP posted and the pic it does look as though there is a path all the way around the block to the other flats though, and a gate onto the pavement they could use to get into the garden. I’ve had lots of friends with flats like that, either upper floors or even a different block where it was a pain to access the garden but you still had a right to use it.

OP I know it’s a shock but this definitely looks shared to me. That said, you still have the “best” access and what looks like a nice flat so try tuning to catastrophise. Having a shared garden for a flat like that isn’t going to have a massive effect on the value, surely. In your position, I’d install privacy film, definitely move the bench as far away from your doors as possible and also have some spiky plants in pots around your doors (tall ones). You could even use plants to sort of demarcate a private bit around your doors. I’d also be tempted to make maximum use of the garden myself to encourage the dog couple to walk their dogs to the park (sunbathe, eat out there, take calls, have a BBQ). Do you know if the dog people are renting or buying? If renting they could not be staying long and effectively things could go back to normal pretty soon. And even if they share it they still have to be considerate.

Personally I’d also report the window/ new door, but probably not the dog.

AppleDumplingWithCustard · 12/05/2025 13:10

I think the neighbour is a bit odd to sit right outside somebody else’s property. I would certainly ask them to not do this. It seems very intrusive. Presumably they could buy themselves a bench to put under their own window.

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