blocked access to communal back garden

[Turnbull2]

I have just moved into my flat in Glasgow and have a particularly unfriendly neighbour in my block of 6 flats. He has added his own additional door lock with padlock as pictured to the only door to the shared back garden of ~2000sq ft. He has used the whole garden, planting his vegetables with shallow trench beds of soil throughout the garden. It is supposed to be a shared garden, none of the other tenants care as they are students. What is the law that I could bring up and actions I can take if he continues to refuse to give me the keys to access to the shared garden?

Do you own a share of the freehold or is there a separate management company?

Are you an owner or a tenant? Does the block have a factor?

Also, have you spoken to him about it?

What an arse. Apart from the land grab he's impeding the exit in the event of fire.

What a horrible man! Be careful though - especially if you live on your own. Think about what you want here - it sounds as if he's commandeered the garden for his veg - is there anywhere for you to comfortably sit? Did you have a look at the garden when you were viewing the flat? Of course, if you instigate some sort of grievance procedure you will have to declare it when you sell - something else to think about. I would proceed with caution - find out what your rights are - and take it from there.

Failing all that - is there a nice park nearby where you can chill out. Personally I wouldn't feel comfortable anyway, knowing this unfriendly guy could appear at any moment and disturb your peace.

Having said all that, he's an entitled prick and has got a bloody cheek taking over the whole garden. Sounds like he's had things his own way for far too long.

He’s probably had students arsing about out there, damaging his radishes.

I’d knock on his door, explain I’d just moved in and need access to the garden.

If he’s a twat, mention the title deeds. If he’s still a twat, speak to your conveyancing solicitor.

You need to give more information about ownership/tenancy before anyone can really advise.

That is an excellent point, being a communal door it will be in the buildings planning as an emergency exit and padlocking the door impedes a fire escape root which could be fatal.

He cannot choose to block up a fire exit.

Councils are in charge of stair issues like lighting And so on usually. So I would contact them if he is an arse (but talk to him first, say you’ve just moved in and need access to the garden)

was it unlocked when you viewed?

l am owner, Title deed states 'The property benefits from communal garden ground to the rear.' , there is no management company for our block. He has been emailed regarding this but does not respond to even knocks on his door. Perhaps put a written letter through his letterbox stating we have 'common rights in flat ownership in scotland' including use of communal garden. back garden is needed to hang clothes. it has been suggested I attach my own lock, so no one can have access, but this seems to increase the conflict without resolution. suggestions.

Could you appeal to his better nature (hoping he has one) and say you would like to plant some vegetables too or ask him for gardening advice, sort of butter him up a bit.

Would your local fire station do a building safety assessment? &/or can you get hold of the students landlord’s details - they and the insurance company will want to know.
If you can get an assessment and the blocked door comes back as a safety issue you can give the report to your local council & the accommodation office at the uni.

I don’t know the answer, but I’m cross on your behalf.

I’d guess you’re going to have to go down the legal route and serve an injunction.

Can you call a locksmith or cut his lock off?
Or yes Id lock it as then he’ll have to come and speak to you.

Leave a note

“ hi I have just moved in and I don’t have a copy of the garden key - could someone get me a copy please “

Remove the additional lock by unscrewing it from the wall/door.
Do it each time.
You are as entitled to it as he is!
Don't need to say anything!

I'd be pissed in the fire safety aspect first, then I'd chop his padlock and post it though his letter box.

A letter might be a good start

but what about when he unlocks to go out to the garden? Walk out when it’s unlocked? See what happens

The door to the garden is unlikely to be a fire exit.

This is a good idea

Maybe he's had problems with other people before, with students perhaps? Have you actually spoken to him and explained you'd like to use it? Otherwise the only way forward is a solicitors letter.

Why on earth would you think that?

It's a main communal access point to the rear of the building of course it will be factored as a fire escape route.

Look up the Land Register and check your deeds - the former gave me a clear diagram of our back green in relation to our tenement, and in fact he's pushing his luck if he's turned it over to vegetables completely, as our deeds state that its purpose is as a drying green, plain and simple. Edinburgh, not Glasgow, but I expect it's similar. It's a problem, there's always an awkward resident on every stair, but yours seems an extreme example. Commiserations.

Would you ACTUALLY? With someone who you might have to share a staircase with for twenty years?

Write him a nice letter. Ask for a key or suggest a different padlock with a code rather than a key.

Wait a week.

Cut padlock and replace with one with a code. Write to him with the code.

Repeat as necessary.

He probably wants to stop students fucking about (fair enough) but he can't stop your access rights.

If it continues to be a problem get a solicitor to write to him.