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blocked access to communal back garden

257 replies

Turnbull2 · 05/05/2025 16:43

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?

blocked access to communal back garden
OP posts:
justasking111 · 14/05/2025 13:38

Jeevesnotwooster · 14/05/2025 10:17

It's a tenement governed by Scots law. The shared garden is just that shared. That means all flat owners can use all the garden. It's not divided into quarters.

Shame there is no factor to sort it.

You may have to get the lock replaced with a new one and give keys to all the flats. He wont like it though and try not to damage it as the lock is his property.

I think @Turnbull2 has dialled back she imagined only she and McGregor having access. Not the students, because they're less respectful.

Bibi12 · 15/05/2025 12:30

First of all he shouldn't even be using a communal garden to grow vegetables. Some here and there out of the way would be fine but he literally took over the garden and turned it into allotment.

He added addiction lock to intentionally stop other residents from using the garden and he ignores all forms of communication.

He knows exactly what he's doing OP!

Unfortunately you either have to remove the lock and inform him you have an access to the garden or take a legal steps.

You will be waiting forever for his change of heart and good will. It will never happen.

Christmaschildcare · 22/05/2025 11:06

How’s it going @Turnbull2 x

ellyeth · 26/05/2025 23:07

Try to speak to him first and try to keep it amicable. If that is not possible, put a letter through his door asking, as someone suggested, for an arrangement that will suit both of you, a key or, as youbuttebelieve suggests, a padlock with code. Point out that it is meant to be a shared space, as stated in the title deeds.

What would you use the garden for? Would you like to just sit in the garden? If so, surely he shouldn't be taking up a lot of the space growing vegetables?

If he does not respond, then probably a solicitor's letter will be required.

LittleBitofBread · 27/05/2025 10:52

ellyeth · 26/05/2025 23:07

Try to speak to him first and try to keep it amicable. If that is not possible, put a letter through his door asking, as someone suggested, for an arrangement that will suit both of you, a key or, as youbuttebelieve suggests, a padlock with code. Point out that it is meant to be a shared space, as stated in the title deeds.

What would you use the garden for? Would you like to just sit in the garden? If so, surely he shouldn't be taking up a lot of the space growing vegetables?

If he does not respond, then probably a solicitor's letter will be required.

The OP's said he's already been emailed about it but hasn't responded, and hasn't responded to knocks on his door either. And her relative saw him in the garden and tried speaking to him but he just ignored.
He's not going to be 'amicable'. Unfortunately, the legal route seems like the OP's only possible recourse.

Kelly1969 · 27/05/2025 16:13

dammit88 · 08/05/2025 06:31

I feel a bit sorry for him too. I know technically he is in the wrong but what state would the garden be in if he hadn't bothered either.

As a landlord did you never check on the property? That seems pretty poor in 5 years.

Thing is OP’s tenants didn’t even have access to the communal gardens, so probably it wouldn’t be a consideration for the OP?
I imagine there were not lots of complaints and issues from and against the tenants so perhaps OP is a little complacent but that doesn’t excuse the neighbour, he sounds like a bully.
Everyone praising him for his upkeep of the garden, does he deserve a medal?!
He kept it nice for his own benefit and gave no one access to it, so hardly a generous gesture!

daleylama · 04/07/2025 12:16

NeedToChangeName · 06/05/2025 13:25

Tell the solicitor who represented you at time of purchase. They can raise it with the solicitors for the sellers, as the sellers have not delivered what they promised. It may be the sellers' responsibility to fix this problem

And check your own household insurance. If it includes legal expenses insurance, then this may pay for a solicitor to get involved

best advice so far

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