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?

yes, agree, l think writing to this man a letter delivered through letter box first, and if no response then process of cutting the padlock, but will also require the removal of the 5 lever (?) lock below (as in pic). something that will cost as l would have to get a tradesman to do. in the title deeds it states:
'Together with the cellar in the sunk flat at the bottom of the tenement of which the subjects in this Title form part next the north gable entering from the north end of the common passage next the front in said sunk flat and running north and south. Together with a right in common with the other proprietors of the said tenement to the use of the back green appropriated to the whole proprietors thereof. Together with full and free access to the proprietor of the subjects in this Title to the roof of said tenement for the purpose of cleaning their vents, or other necessary purposes. '
in letter plan to write:
'Dear neighbour, I am the owner of flat 2. In accordance with Title deeds, we have common rights for the cellar below and back green. Currently both are locked with the additional locks you have individually applied meaning you have sole access to our communal garden. Please give me the keys to copy so l can have access to the aforementioned by 13th of May. kind regards, '
any suggestions?

Speak to your landlord, the factor, and the fire brigade. Traditionally fire safety provisions take door like this into account. This is really serious.

It's also not fair you signed a contract for an apartment with this as a shared garden facility.

If he doesn't respond to your letter just take the padlock off with a crowbar or claw hammer 🤷🏻‍♂️

You have a right to use the door and access the garden. The lock was preventing that. You've made reasonable attempts to speak to him about the lock and he's chosen not to engage. For all you know at this stage, the lock isn't his.

He'll get bored of paying for new locks before too long and doesn't have a leg to stand in legally.

I wouldn't go down the fire safety aspect other posters are suggesting (mostly because a lot of tenement greens don't have access to the street - the tenements I lived in in Edinburgh were all square blocks and didn't have a separate close from the street going into the back greens). I would stick with requesting access as though you are dealing with a perfectly normal human, not someone who has been ignoring you.

If he doesn't reply to the letter, I would saw off the lock or unscrew the fixings and put up your own lock. Post him a key for the new locks and use the garden at will.

Did the estate agent show you around the garden when you went to view?

What a nightmare. I'm raging on your behalf!

Most tenement back doors are probably not useful fire exits because you normally pass the front door on the way to the back door and also there is probably no access to the street from the garden.

'Dear neighbour, I am the owner of flat 2. In accordance with Title deeds, we have common rights for the cellar below and back green. Currently both are locked with the additional locks you have individually applied meaning you have sole access to our communal garden. Please give me the keys to copy so l can have access to the aforementioned by 13th of May. kind regards, '

This seems very reasonable.

There are some strangely passive comments here, especially about the students.

If they have a legal right to use the garden, they can use it to have a BBQ. Why shouldn’t they?

You say you don’t have a management company. How are the common parts managed?

There are certainly laws in England where new rights are acquired by usage. I don’t know what Scottish law says about that.

You have already gone down the polite route and been ignored. I would now go down the legal route. Get a solicitor to write a ‘letter before action’ demanding free access to the communal parts. If he is stupid enough not to comply, then do take him to court. He will have to give you access and pay your legal costs.

He needs to remove the locks so everyone has access, not just share them with one neighbour.

I swear I see that door in my nightmares.

Agree... but broadly, that is for the other tenants to raise rather than OP.

I think your letter is perfect, OP. Good luck with it. I do actually think you should make the point on behalf of everyone in the building though, not just yourself.

If it came to court, I’d be asking for compensation for having been deprived of use of my property.

That is for the other residents to sort out for themselves, the Op can't really speak on their behalf.

I would quickly discuss this with your conveyancer. If he has been solely occupying the land and excluding all other for a number of years there might be a potential claim. Scottish ownership law is different but I’d seek advice, it isn’t as easy as just breaking the lock off.

Talk to your estate agent if you are renting; or you need to bring it up at residents meeting… I’d get choppers and chop the padlock but agree you need to be ballsy and that comes with some risk!

Agree, if there was any doubt about accessing the garden on viewing, I would have been very wary about purchasing a flat in this block.

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

Property law in Scotland is different than in England & this looks like a tenement (which usually doesn’t have a management company as in England).

If another owner in a Scottish tenement is preventing you from accessing a shared garden, there are a few key steps and legal principles to consider:

Check Your Title Deeds (and Feu Disposition)

Look at your title deeds to determine:

If you have a legal right of access to the garden

If the garden is shared or exclusive to specific flats.

If there are burdens or servitudes (legal obligations or rights affecting property use).

Check the Title Sheet of the Other Owner

If you can - check their title as well to see if there is any clear indication of rights or exclusivity being claimed.

Tenement (Scotland) Act 2004

This governs rights and responsibilities in tenement buildings.

Shared areas (including gardens) are presumed to be common property, unless deeds state otherwise.

All owners generally have equal rights to access and use common areas, in a reasonable manner.

If they are still preventing access:

Start with a written request (keep it civil and factual).

As a last resort, you can go to the Sheriff Court for a declarator of your rights and an interdict (injunction) against obstruction.

Good luck 🤞

That's a good letter. I hope he responds.

I would never work behind a door that could be locked from the outside like that.

How did you manage to view the garden and cellar when you were purchasing your flat?

I think your letter is fine, but you could also plead mock ignorance “Hi all, I have been trying to access the garden/ cellar but I’ve noticed that there is a padlock on the door. I’m assuming this is a hang-over from a past occupier since (as you probably know) legally the garden is a communal asset and I don’t have keys. I am planning on using the garden so if anyone knows anything about this please let me know by 13 May otherwise I’ll arrange for it to be removed. Thanks! “

There's no need for OP to plead mock ignorance. The letter she drafted to the neighbour who padlocked the door is absolutely fine.

If he ignores the letter then contact the police and ask them for assistance. He's breaking the law.