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?

I think this might be a civil rather than criminal matter. IANAL though.

Of course there would, building are required to have 2 or more independent exits so if the fire blocks one theres a secondary route.

Where do you live with such lapsed fire safety???

The sellers could be in breach as they sold the flat knowing that they didn’t have access to the garden or cellar. Speak to solicitors.

A 140 year old tenement building, maybe?

My hubbie and l are the owners. No factoring company, a landlord who rents out her flat, students, organises cleaning of stairwell and roof maintenance and each flat pay their share. We had let out our flat to students for 5 years since purchase. there is a fire 'escape' though that is locked securely and cannot be pushed open. needs a key which we don't have. I have contacted this landlord, and she does not have keys to the back garden or storage cellar, however told me that this selfish neighbour has the key. l have spoken to other flats in the block, all students and none have keys to back garden or fire exit and have no interest. picture of garden shows our half of garden, and as you can see almost all of it is used up with his planting. other pic shows the cellar (on same level as the garden door and fire exit, down 1 flight of steps) which should also be accessible to all, in accordance to the title deed as shown in my last posts.

first things first. Instruct him to remove the lock. If he doesn’t then step 2.

Invest in bolt cutters and Break the lock each and every single time. If he repeatedly locks. Call the fire brigade.
create your own space in the garden, plant flowers or veg as you please. Communal means just that.
he is way way way out of line.
any other issue, factors complaint and lawyers letter.

no, we used a solicitor to purchase after our personal viewing 5 year ago. title deeds states all owners have access to back green and cellar. please see the quote in my previous post

I would. He’d be on notice that HE will ve sharing with US.

Id break the lock 😊 they can't lock up a shared garden

I would have thought your first priority would be to get the locked fire escape door sorted!! Before worrying about the garden and cellar. Please.

And perhaps set up a formal management company? the arrangements there seem hopelessly casual unless I am misunderstanding something from your posts.

thanks, as in my last post, I quoted my title deeds and indeed the back green (garden) and cellar (storage room) are communal but he has sole access, l will write my letter and put through his letter box, and will likely add that Sheriff court for a declarator of my rights and an interdict against obstruction, possibly compensation for depriving me use of a communal facility?

l really dont understand why there is that simple bolt toilet lock! the padlock that he added and has sole access to, might be because the block is all students, and maybe his planys and veg were damaged??

l didnt. flat intended only to be let out, but now we are deciding to live there and realise only one person has access to them, this selfish man

He probably wants sole access so he can claim ownership at some point. I'd cut the lock.

good suggestion , not sure they could do anything about it though.has this worked in past?

I would contact that fire brigade. It’s a safety issue (as well as an arsehole one!)

So you've had tenants in for 5 years and none of them ever mentioned having no access to the garden? You never did an inspection and noticed the locks? Especially on the fire escape? That was a dereliction of your duty as a landlord but it's done now - he clearly got used to having no neighbours who would stake a claim on the garden and that needs to change. If he doesn't provide you access by the date you state and also take steps to remove his plants and anything else he's put on your half you'll need a solicitors letter. Is the garden divided in the deeds or is it just all generally shared?

This.

If he’s had sole use for around 20 years, he may be able to claim adverse possession.

I would've cut the lock by now. He obviously intends to ignore you until you give up. I highly doubt he'll respond to a letter if he ignores someone speaking to him face to face. You paid for access to the garden, I wouldn't be begging some CF to share.

I agree - this really doesn’t reflect well on you as a landlord. Did none of your tenants ever mention it? Did you rent it to them saying it had garden access?

Just unscrew the lock and have a locksmith sort the bottom lock for you. I wouldn’t waste anymore time.

Ah, the update makes more sense, he may well have thought that the person asking him about growing vegetables was related to a tenant, rather than the owner

It doesn’t matter if students would fuck up the garden. As renters they have a right of use / access. He can’t just use 2000ft shared garden as his personal fucking allotment.

I would add to your letter that you are the owner, moving back in after 5 years,

I would just unscrew the screws myself personally.