Land ownership rights on communal land

Pootle76

Hi everyone, any advice on this would be great.

I live within a private development of 8 barns with areas of communal land. A neighbour has placed several items of furniture on this communal land, that happens to be in front of her house and right next to mine (its part of the communal courtyard). She uses this furniture 3-4 times per week, every day if the weather is good.

She has told us previously that she tried to buy the land but failed. Also despite being asked to move it frequently, she refuses.

There are two issues I have with this:

1 - It looks very untidy and scruffy (its been referred to as the 'road side cafe' where I live).

2 - (This is the main reason) I am aware of a case in London where a communal garden was used by only one resident, who subsequently applied for ownership to the land and won, although they gated this area off. I am worried this could happen here.

Do you know what rights I have legally in this instance to get her to move the furniture? We have tried emails/talking and appealing to her better nature but she is point blank refusing to move it.

Thanks in advance!

G_M

'Communal land' meaning what?

* 'Common land' has a specific legal meaning
* or is it actually owned?
* by who?
* who owns the freehold? Who has access rights? What other rights do ... whoever... have?
* who 'manages' it? How? Is there a fee paid by those with rights to it? Who collects the fee? Is the fee a ground rent? A management fee?

moneyistooshorttomention

You could try "If you cant beat them, join them". Where do you have your patio furniture?

That may be the only/obvious place to have her patio furniture dining table set and perhaps she cant understand why other people aren't putting their patio furniture out there as well?

Without seeing a diagram of the area concerned and knowing whether she has some private "patio garden" in which she could put said patio furniture it's not really possible to tell.

In your circumstances, even assuming you all have a private area each of patio garden, I'd buy a second set of patio furniture and put mine out right in front of my house (at least until such time as she moves on). Many people will regard the bit in front of their house as their "front garden" even if it isn't iyswim.

Davesnave

So, you have 8 residential barns and no management structure or policy in place for the maintenance and use of communal areas?

I think the solution is obvious, but first you would need the agreement of others, and therein lies the problem.

One piece of good news is that this lady won't be able to claim adverse possession at all easily, and certainly not by placing a few items of patio furniture on the area in question.

G_M

Or, of course, you could park your car on this piece of 'communal land'. (take care not to damage her furniture though!)