MONEY MORAL DILEMMA. Should Karl let the neighbours use his garden?

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  • weemeanie
    weemeanie Posts: 1 Newbie
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    Karl has paid more to have a garden flat so why should he share? The neighbours are just trying it on. So what if they were friendly with the last eejit who lived there?
  • martinrdg1
    martinrdg1 Posts: 6 Forumite
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    He should be concerned as in the future when he comes to sell his flat these people may claim to the new owner that they have some right to use the garden because of maybe some stupid law that says if they have been using it for a period of time they acquire certain rights. He could then face a claim from the new buyer etc etc

    My grandad let out a field to a neighbour as a favour and when we came to sell the house and land after he died, the neighbours claimed some such right so we had to sell the house without the land and 20 years later we still receive rent- thats what happens when you try to be nice to people.
  • Cloverleaves
    Cloverleaves Posts: 317 Forumite
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    At the very least, if he is willing to let the neighbours use the garden (I'm afraid I wouldn't want to, but that's just me), he should get a signed agreement that it is just a concession, and can be cancelled at any time (preferably this v. short agreement should be looked over by a lawyer), as post #13 is correct - you want to be very careful you haven't created a legal precedent. I deal with commercial properties (not residential, to be fair), but if you agree that someone can have a right of some kind, rather than a temporary concession, it can come back to bite you.
  • triticale
    triticale Posts: 771 Forumite
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    Simply no. Privacy is priceless, and written agreements/conditions are just not worth the hassle.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
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    I think I would say no, in his position. I assume he wants a garden, which is why he chose a garden flat!
  • mumslave
    mumslave Posts: 7,531 Forumite
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    Only if he minds. I had a ground floor flat with garden, used to let the neighbours kids upstairs come down and play in it. But if he minded then tell them no.
    :starmod:Sealed Pot Challenge Member 1189:starmod:
  • toadhall
    toadhall Posts: 369 Forumite
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    No, if the upstairs people want a garden they should have bought it instead of Karl.
  • dillydilly
    dillydilly Posts: 171 Forumite
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    my first reaction was a No, but then remembered we are in a similar position to which our neighbour said yes, and would have been very upset if they hadn't. Not so much a garden, but a communal car park outside our houses where the deeds quote we have a 'right of egress'. It wasn't until we moved in and the neighbour blocked our car that we discovered this meant the right to park temporarily to unload, then move on. Obviously this caused some tension between us, and when they subsequently moved out the new owners scoffed at the mentality and said as far as they were concerned its first come first served - we get on a lot better with them... Compromise - a nice garden is nearly as valuable as neighbours you get on with...
  • dawsar
    dawsar Posts: 14 Forumite
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    I would have to say "No" as Karl bought the flat with the PRIVATE garden. Just because the previous owners had an agreement, doesn't mean that Karl has to honour it. The garden belongs to Karl. If the neighbours want a garden, it is their responsibility to sell up and buy somewhere with a garden. They are taking advantage of Karl and the previous owner .
  • gbi_2
    gbi_2 Posts: 2 Newbie
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    I've been in the position where I've owned a ground floor flat with a garden and a neighbour upstairs.

    I would not have been willing to let them use the garden, if they had wanted a garden they should have bought a flat with one. As it was, I paid a premium for having that space.

    Besides, what would happen if you said yes and then when you want to put out washing theirs is on the line! Do you just have to wait or politely ask them to move it?

    There are too many situations where this could be taken advantage of. Would they be inviting friends round and then they are all in your garden? What happens if anything is damaged?

    I think the easiest is to say no.
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