Garden in dispute

wannahouse

i certainly wouldn't allow him access...!
especially not when you have children...i'd tell him to keep well away!

G_M

The guy's tenancy gives him access to the garden.

However, if the garden does not belong to his landlord (as here - the garden belongs to you!) then he may have a case for breachof the tenancy agreement against the landlord.

That does not affect you! It is your land.

My next door neighbour could grant a tenancy to a tenant, ad state that the tenancy includes use my garden.

This would of course be rubbish - he has no right to give access to my garden to his tenant. But his tenant could sue him. (not me).

The same applies here even if the guy has been previously using the garden for 30 years.

Tell him if he is nice to you, you might consider a temporary right of access to his shed, which you reserve the right to withdraw at any time. But that if he is not nice to you, you will prohibitall access.

Guest101

Also keep a record of any nuisance he makes, Just a little diary.

I'm surprised the LL doesnt evict.

rpc

G_M wrote: »

The guy's tenancy gives him access to the garden.

The guy *thinks* his tenancy gives him access. LL has apparently told OP that the tenancy grants no such rights.

Guest101 wrote:

I'm surprised the LL doesnt evict.

Did you read the bit about him being a protected tenant? Effectively impossible to evict unless they do something daft. See http://www.landlordlawblog.co.uk/2010/11/02/let%E2%80%99s-hear-it-for-protected-tenancies/

Guest101

Uhm, no i missed that one, thanks for correcting

Mistral001

If there is an easement over your garden, then, far as I can see, your dispute is not with the neighbour, but with any professional advisers you employed to check for easements like this before you bought the property. If you did not employ professional advisers then get one now and ask what can be done.

Solicitor or chartered surveyor or both perhaps required.

As others have said, ignore letters from the neighbour, his dispute is not with you, but with his landlord.

PS. However I would not do anything to stop the neighbour from getting to his shed in the meantime in case he has an legitimate easement across your garden.

Errata

If your neighbour has been renting his flat for 30 years he may have a a secure tenancy for his flat and that may include the garden; I believe this means his LL can't sell the garden without his agreement. If this is the case it's hardly surprising he's annoyed.
Speak to your solicitor.

Strapped

Guest101 wrote: »

Also keep a record of any nuisance he makes, Just a little diary.

I'm surprised the LL doesnt evict.

On what grounds? Should help tenant decide to sue his landlord!

Strapped

Errata wrote: »

If your neighbour has been renting his flat for 30 years he may have a a secure tenancy for his flat and that may include the garden; I believe this means his LL can't sell the garden without his agreement. If this is the case it's hardly surprising he's annoyed.
Speak to your solicitor.

I guess it may come down to what is in the tenant's tenancy agreement. If the garden is not mentioned as being included, then as per the link above, it seems that even having used it freely for 30 years does not create an easement as it belonged to the landlord. So the LL probably was free to sell it. BUT if the tenancy agreement is for the flat AND use of the garden, then LL - and possibly OP - is screwed.

zzzLazyDaisy

The deciding factor is what does the land registry plan state? The land registry deeds and documents are, by law, the definitive statement of the ownership of the property and the owner is entitled to rely on that.

If, for some reason, the deeds are wrong, then the affected party (the landlord of the other tenant) must apply for rectification of title. If that happens (and it isn't very likely) then OP has a right to be compensated.

In the meantime, the other tenant has no dispute or right against OP or their property. The only dispute and avenue of redress that tenant has (if any) is against their own landlord.

Hopefully the very helpful Land Registry MSE will be along soon to explain this better than I can.

BUT in simple terms - OP, if the title deeds say the land is yours, then that is the legal position.

Presumably that is also the case for the neighbouring gf flat, in which case the suggestion that you should allow access over your land in order for him to trespass on your neighbour's land, is preposterous! Personally I would refuse permission for him to enter your land and leave him to 'discuss' the issue of the shed with your neighbour.

Re not wanting to be overlooked by the upstairs flat - that's understandable. Could you put up a pergola or a gazebo or something like that to stop him looking down on you?