sharing garden area with other flat

neilsolaris

I'm not sure if I've chosen the correct thread for this! However, I live in a flat, which is in a converted house that containing two flats. According to the lease, we own the back part of the garden area, and the other flat owns the front part, and a pathway should run at the side of the front garden towards our part. At the moment we haven't got around to putting up any fences, as we haven't lived here that long.

However, the other flat owner suggested that he would like to put up a greenhouse where the pathway should be, and says he doesn't mind us walking through his part of the garden to get to ours. Naturally in this case I suppose we wouldn't bother with the pathway, but share that extra area between us.

The question is, do you think that this would be a sensible thing for me to agree to, or might it potentially cause problems in the future? I would appreciate any advice on this.

hjb123

If you can come to some sort of agreement and have it in writing then it would probably be best all round. If you are happy with it go ahead, but if you have concerns share them with the other owner and see what you can come up with between you

Bun

I would say if it works for you get something in writing. However, if you wish to sell it may put people off, and certainly if he sells the new owners/you may not want to have this arrangement any longer. Don't know how easy it is to relocate a greenhouse but if it iinvolves concrete etc it could cause some problems later on. Can't he locate it elsewhere?

Polovski

personally i would say no - that is your right of access and unless you do it through a solicitor i would be very wary.
He's got the rest of the garden to put his greenhouse in.

Doozergirl

If he moves the path of your right of access, then you need to get it altered on the deeds or you will probably be paying out for it to be done or for an indemnity insurance when you come to sell.

As he wants to put his greenhouse there, he should pay for the deeds to be changed. Legally, it is more complicated than simply walking around his greenhouse.

So, to be polite, you don't actually need to refuse. You can tell him yes, but you have been advised that the deeds would need to be changed. That way, the ball is in his court. I put my money on him finding somewhere else for the greenhouse!