Do I have to give neighbour access to a shared garden through my property?

steveinnit

Has anyone come across this situation? Getting an answer from our solicitor is proving impossible!
We're looking at buying a ground floor flat, a Victorian conversion, with one flat above. The flat above has no way of getting to the garden, which according to the lease is shared.
According to the seller, the upstairs occupier hasn't wanted to access the garden.
But we want to know is what happens if that changes?
Apparently the council say the flat upstairs isn't allowed to erect stairs from their flat leading down to the garden.
Would we then have to give access through our flat?
Does the right to a garden outweigh our right to not want to let a stranger into our home so they can access the garden?
Thanks for any advice!

[Deleted User]

I have seen this on TV and on these nightmare programs for years. I heard that they are very tricky situations. I'd be very careful and I am sure it's down to whats in the deeds.

steveinnit

steveinnit wrote: »

Has anyone come across this situation? Getting an answer from our solicitor is proving impossible!
We're looking at buying a ground floor flat, a Victorian conversion, with one flat above. The flat above has no way of getting to the garden, which according to the lease is shared.
According to the seller, the upstairs occupier hasn't wanted to access the garden.
But we want to know is what happens if that changes?
Apparently the council say the flat upstairs isn't allowed to erect stairs from their flat leading down to the garden.
Would we then have to give access through our flat?
Does the right to a garden outweigh our right to not want to let a stranger into our home so they can access the garden?
Thanks for any advice!

We've tried reading the lease but where it mentions the garden it's very smudged and hard to read, almost as if someone has spilt a drink on it(!)

steveinnit

assj wrote: »

I have seen this on TV and on these nightmare programs for years. I heard that they are very tricky situations. I'd be very careful and I am sure it's down to whats in the deeds.

What happened on the TV programmes you saw?
It's incredible to think that the police need a warrant to enter your property yet there's a possibility it can be legal for someone to have to allow a stranger into their home!?!
We'd be happy to share the garden, just not by having to let someone walk through our home?!

marliepanda

steveinnit wrote: »

What happened on the TV programmes you saw?
It's incredible to think that the police need a warrant to enter your property yet there's a possibility it can be legal for someone to have to allow a stranger into their home!?!
We'd be happy to share the garden, just not by having to let someone walk through our home?!

If its in the lease that you agree to in order to buy the house, then its something you have agreed to, not 'allowing random strangers in your home'

Also, you know there is no access to the garden except through your property, but you are happy to share the garden. How can you possibly share the garden without this? That doesnt make any sense with your knowledge that they cannot erect stairs etc.

You need to find out what exactly the lease says.

steveinnit

marliepanda wrote: »

If its in the lease that you agree to in order to buy the house, then its something you have agreed to, not 'allowing random strangers in your home'

Also, you know there is no access to the garden except through your property, but you are happy to share the garden. How can you possibly share the garden without this? That doesnt make any sense with your knowledge that they cannot erect stairs etc.

You need to find out what exactly the lease says.

The lease is unreadable where it mentions the garden..the reason I wrote we would be happy to share the garden is because we would be fine with the upstairs having stairs to get to the garden..which is surely better rather than forcing people to open their home to someone else..

marliepanda

steveinnit wrote: »

The lease is unreadable where it mentions the garden..the reason I wrote we would be happy to share the garden is because we would be fine with the upstairs having stairs to get to the garden..which is surely better rather than forcing people to open their home to someone else..

But you also stated that the council won't allow them to have it.

So if you did buy the place you would intend to deny them access to the garden.

You need to get a better copy of the lease where the garden section is readable.

I would also not be happy with this arrangement, but I also would not buy a place where the lease states this is the arrangement.

Owain_Moneysaver

Ask the seller to buy out the upstairs neighbour's interest in the garden so it's no longer shared.

Or find somewhere else to buy.

steveinnit

Owain_Moneysaver wrote: »

Ask the seller to buy out the upstairs neighbour's interest in the garden so it's no longer shared.

Or find somewhere else to buy.

If the upstairs occupier still has a mortgage I don't know if their bank would agree to that..plus we can't really afford to pay much more, but it's an option so thanks.

If we have to give up, that's a load of solicitor's fees paid for nothing, and all because 2 sentences of the lease is unreadable...

DVardysShadow

steveinnit wrote: »

We've tried reading the lease but where it mentions the garden it's very smudged and hard to read, almost as if someone has spilt a drink on it(!)

Quelle surprise!

If you had such a lease and you wanted to sell, you would almost feel like spilling a drink on it, wouldn't you?

I suggest that you go back to your solicitor and ask for the vendor to provide a more legible copy. But I would also second OM's suggestion.

steveinnit

DVardysShadow wrote: »

Quelle surprise!

If you had such a lease and you wanted to sell, you would almost feel like spilling a drink on it, wouldn't you?

I suggest that you go back to your solicitor and ask for the vendor to provide a more legible copy. But I would also second OM's suggestion.

Hehe yes that's what we wondered!
We have asked for a more legible copy but the solicitor says that's the best they have found..
..there are so many what ifs, when would we have to give access, what if our young daughter is home alone and gets a knock at the door from the upstairs occupier..
..tomorrow is another day for hassling our solicitor to sort it out I think!