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

edited 30 November -1 at 1:00AM in Money Saving Polls
145 replies 43.3K views
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  • horsechestnuthorsechestnut Forumite
    1.4K posts
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    martinrdg1 wrote: »
    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.

    If the situation has existed for over 20 years, then a right of easement can be claimed, unless it can be shown that the situation existed by mutual agreement, which may be very hard to prove.
    So no. The garden belongs to the ground floor flat, unless otherwise stated.
  • Hmm... I'd be reluctant before I got to know them. Guess it depends upon how Karl uses his garden. Think I'd be a bit peeved if I spent a lot of time and money on my garden only to find it always in use by someone else. Particularly if they don't clean up after themselves or have due care. So I'd probably say no and end up with heavy footed neighbours for a while lol
  • If I was Karl I would probably agree and then silently fume that the person I bought the property from didn't mention it. Then every time the neighbours used the garden I would get more and more irritated, until eventually I'd be so fed up I'd want to sell the flat and move. And then I'd feel obliged to disclose the neighbours' use of my garden, and probably end up selling it as a property with communal garden space, at a lower price than I paid for it, and curse myself for being so British and not just saying NO in the first place!
  • I think they're very cheeky to just assume that it will be ok without asking Karl first.

    What happened with the old neighbour is irrelevant, they should be polite enough to build a relationship with Karl first before asking if he minds.

    If I were Karl I would politely refuse at first. If he starts to become friends with them at a later date then he can look at it again.
  • I would tell my neighbours that the reason I bought the house was because of the private garden and I valued my privacy. I might take them a bottle of wine or bunch of flowers as a thank you for their understanding - and try to remain on good terms!
  • I have a friend in exactly this situation. Say 'no' from the start. Don't set any precedents you might regret later.
  • He should say no as they could develop rights of way to the usage of the garden
  • findochtywifiefindochtywifie Forumite
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    Part of the Furniture Combo Breaker
    MoneySaving Newbie
    An arrangement they had with the previous owner is one thing, but it is just RUDE to expect your new neighbour to carry on an arrangement you had with the previous owner. As others have said, if they really wanted the garden, they should have bought the flat! And as the previous owner did not even mention it, was it really an arrangement they agreed to, or were happy with...?

    If he subsequently becomes good friends with them, that is another matter entirely.
  • Honestly I would start as I mean to go on or when they move the next occupants will carry on using it too. I suppose it would depend on how much Carl intends using it himself too. But I would definitely let the neighbours know that he intends using it himself and that they are welcome to use it by request..:beer:
  • This is a complete no brainer. No no no no no. And I can't believe they even had the cheek to ask.
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