rights of free holder / lease holder

mylittlereef

Dear community,

I own a ground floor flat that is in one of ten blocks of flats on a typical 1970's housing estate.

There is a main public footpath that runs right through the middle of the housing estate along the rear of the houses and then our block of flats. All of the houses have femces up on the boundary of the footpath and then when you come to my block of flats the garden is just grass. This means that the public can just walk right up to my back doors or let their dogs foul the garden. The garden is officially communal and shared between myself and my neighbours.

Due to many incidents of antisocial behaviour, I succesfully campaigned for about two years and got the verbal permission from the chairman of the management association that looks after the ten blocks of flats, to plant a hedge along the boundary between the communal garden and the footpath. This hedge now provides security and prevents the public from crossing onto our garden.

A resident of another block of flats has complained about the hedge. She's saying that it makes the communal garden appear private,and the management assn have asked me to remove the hedge. This means that we will start to suffer from antisocial behaviour once again and the stress is keeping me awake at night.

There are several angles I'm investigating at the moment. For a start other blocks of flats alreay have a hedge, so why can't we ? Surely they have to treat us all the same ?

If they knowingly ask me to cut the hedge down, in full knowledge that I may suffer antisocial behaviour as a result, will they be partly responsible for that antisocial behaviour ?

I have contacted the freeholder to ask him if he'll sell me the garden under a seperate title so that I become the freeholder of the grass area at the rear of the flat in my own right. The original covenent on the estate, may mean that the area is still communal and can be used by all, but will owning the garden give me the right to decide if we have a hedge on that piece of land ? Or will the management association still feel able to dictate what happens on it ?

I may ask him if I can buy the freehold to the whole block, but even if I own the freehold, will I have a right to keep my hedge ?

Is there any other angle I can use ?

Thanks to anyone who can help me.

cattie

If just one resident of another block has complained about the hedge (and it's difficult to understand from your post what it really has to do with her, especially as in spite of the hedge, it is still a piece of communal land), if a few of you from your block complain that removing the hedge will leave your block open to abuse & anti social behaviour as before, then surely the management association have to listen to your arguments in favour of leaving the hedge there. Surely numbers count here, one against versus how many for?

You say that other blocks have a hedge as well as yours, so I would have thought that added strength to your argument.

It's unlikely the freeholder will sell you the piece of garden by your flat, but it might be worth asking if he would grant you a lease on it.
Failing that, if he seemed a reasonable freeholder, I think I would ask him about the hedge issue & seek his permission for hedges to be planted. It is his land after all.

richardw

mylittlereef wrote: »

... it makes the communal garden appear private....

Perhaps just remind her that it isn't private.