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

golddustmedia

Maybe Karl should ask what of theirs he can use in exchange?

Perhaps free use of their washing machine? Keep his own cost of living down a bit!

Curly_Girly_2

I'd absolutely say no! We had a garden flat and there's no way I've have entertained the idea of anyone else using it - we paid a premium for having a garden and we welcomed that bit of space.

Depending on how big the garden is and whether Karl wants to, he could always suggest splitting the garden for a cost, obviously to cover the value and fees. We were one of the few flats on our road to have the whole garden running the width of the house and the girl living upstairs asked if we'd split it in two like all the others were, so she'd get half. We politely declined - not only did we like the whole garden, having paid to get it landscaped, we also knew it would make a good selling point when we came to move on!

Tess_Tickle_3

It would depend in part on how fit the neighbours are and whether they would want to sunbathe too.

Seakay

From the initial description it sounds as thought the neighbours carried on using the garden as though they had a right to and only explained about the arrangement with the previous owners when challenged.
This being the case I would either say a flat "no" or negotiate an agreement about use after having contacted the previous owners to check up on what the arrangement actually was previously (if it existed).
Having paid extra for an outside space I certainly wouldn't want to feel excluded from it on any occasion.

JohnAnt

If one of the neighbours slips and falls or suffers any injury or accident at all, while in the garden, the neighbour can sue Karl. If they cause any accidental damage to the building while in the garden, Karl is liable for the repair. If they cause a nuisance (e.g. light an unpermitted fire or breach the lease conditions in any way, Karl is liable to the LA or landlord.)
If he permits access over a number of years, he has created a legal right of access for his neighbours.
Whyat would the neighbours do without somewhere to hang up their washing? The same as the rest of us...
Just say 'Sorry, but no,' is my advice. The world is full of people who think they have a right to what is owned by others. If they want a garden, let them buy one.
Do they permit Karl to use their Mercedes?
No, I thought not.

angelique5

It depends on the rental each tenant is paying I suppose. If the downstairs tenant is paying more specifically because he has a garden then he needs to suggest a contribution from the upstairs tenants but if he was just lucky in getting the flat that leads out into the garden and does not pay any more rent for the privelidge then the garden should, morally speaking ,be shared by all in the property. I actually think it is awful of the landlord if he does charge for the garden to one tenant as it creates a 'didived house ' as it were . If that is the case then perhaps the landlord should be approached with a view to revising the rents.

juelarch

I have a dilemma similar to this. We have just bought a 2nd floor flat in a house of 5 flats with a shared garden. However the ground floor residents have converted the garden by their flats into patio area/decking with garden furniture etc and do not like any one else to use these parts of the garden which they see as theirs, aven though it's a communal garden. So if we want to have friends round and sit in the garden either we have to sit on the lawn at the rear of the garden (where there is no electricity for lights in the evening) or risk annoying the people who have put in the patio and decking. Also worried about the legal side - can they claim "squatters rights" over the garden if not challenged?

SalliB

Definitely not. He would never be able to have any confidence that he was going to private in his own garden or flat, as there would always be the chance of them looking in the windows or deciding they were going to use it for a BBQ and invite all their friends on a day he way 'out'!

Also i would be very concerned about creating a precedent that it would be very hard to change in the future - people are always nice when they want something, but as soon as they have it, the attitude quickly changes and they are very quick to assert their 'rights' even when none exist.

Shrewdmoneysaver

So if the neighbour was allowed to use the garden:
What when the occupier wanted to use the garden?
What when the neighbour was out, had left washing out and the occupier wanted to mow the lawn?
Sorry but no way.

zzzLazyDaisy

Sorry, but I'm territorial! If I bought a flat with a private garden, it would be because I wanted a private garden. If I didn't, I'd have bought a flat with no garden or a shared garden.

I had a flat some years ago with a shared garden, I could never use it because all the kids in the neighbourhood used to congregate there, and I felt intimidated.

So I'd have to say no. I'd also be annoyed with the seller for not telling me about their little 'arrangement', because I probably wouldn't have bought the flat in the first place if I'd known.