Full Garden Renovation – Upstairs Neighbor's part …. How to deal with it?

Schwarzwald

 I bought a leasehold flat in London recently.

I have one neighbour upstairs (renting from housing association), super lovely family living.

The property has a large rear garden, both parties have access via a spiral staircase.

I own the front half of the garden, the rear half belongs to the upstairs neighbors. Their part is wildly overgrown. They have been living there for many many years and apparently have never used it. 

I intend to have the garden done in the next few months pre summer by a gardener.

1. Option 1: I only have my front half done and disregard the overgrowing rear half.
2. Option 2: I have both parts done, including my neighbor’s part.
   

 I spoke to them few times on this matter now, and they are generally happy for me to use their part of the garden too.

If I were to spent my own money to also make up their part so the entire garden is nice and can be used, how could I best protect my interest to effectively have some right of access/use?

Could the renting family grant me such right or only their landlord, i.e. the housing association (lease- and freeholder)?

What type of an agreement would it be?

I am not generally seeking to buy their garden part (probably would if I were offered the opportunity to do so though), but ideally agree something like:

“I spent money on making up your piece of the garden, and thereby acquire a right to use it when you do not use it”, i.e. if we both are in the garden, I can only use my part, if you are not present, I can use both parts.

Risk I am afraid of is obvious: I spend £k on their part of the garden, they start liking it or we fall apart over some issue whatever it might be and they don’t consent to me using it anymore.

Any ideas or thoughts?

Thank you

kazwookie

Forget their part of the garden.

Spend your money on your garden only.

Alderbank

Your neighbours' use of and responsibilities for their garden will be defined in their tenancy agreement with their landlord, probably a loose statement that the garden must be kept to 'a satisfactory standard'. The HA will not care whether the tenant does this themselves, pays someone to do it or a kindly neighbour (like you) does it out of the kindness of their heart.

The tenant can come to any agreement they like about when you and they can use their garden. But that means they can change their mind whenever they like and just tell you to keep out from now on.

When the tenancy changes you will have no rights with the new tenant. The HA will never grant you any access rights regardless of how much time and money you spend.

The HA may have to be consulted by their tenant and give permission before any hard landscaping or tree planting is carried out and can require their tenant to remove landscaping or trees planted without permission.

Anything you plant becomes the property (and responsibility) of the tenant.

Norman_Castle

Schwarzwald said:

“I spent money on making up your piece of the garden, and thereby acquire a right to use it when you do not use it”

Not a chance. If they're happy for you to use it that's fine but don't expect any ongoing entitlement to using it. If you don't like their overgrowth (is that a word?) cut it back and seed or turf it at minimal cost then cut the grass at the same time as you do yours. If you're not willing to do that hide it with a higher fence.

casper_gutman

As Norman_Castle says above, you can't expect any ongoing "rights" over their garden. Any written agreement you entered into with the tenant along the lines you envisage would cease to have any value whenever they chose to withdraw their agreement in any case.

All you can really do is improve your part of the garden and either screen theirs off or do what you can to make it less of an eyesore at minimal cost, then accept that the price of keeping it that way will be some effort at maintaining it in your part. If it's a small area then I'd probably be willing to spend a few minutes mowing it when I did my area, or at least every couple of weeks. 

Alternatively, how much would it cost to turn the lawn in their part of the garden into a wildflower meadow type area which might only need mowing once or twice a year?

Bendy_House

All as said above.
The only chance you have for some 'entitlement' over that garden is if you buy it from the HA. And I don't see any chance of them selling; they cannot change the terms of the current tenancy (at least not without some very complex jiggery-pokery), and that flat would lose a very valuable asset which subsequent families might give their eye teeth for.
Your plan could work out perfectly fine, but it could go wrong in many more ways. If you go ahead with this, then hope for the best, but plan for the worst. When/if it goes pear-shaped, be philosophical about it.
Personally, I wouldn't spend too much on it - just clear it and make it as low-maintenance as possible.
Read what your lease says about your garden, and really you should have sight of the tenancy agreement. Anticipate it not allowing outbuildings and stuff for a start. It could even be very restrictive.

Norman_Castle

If their part of the garden is an eyesore tidying it at your expense could benefit you when you sell your property.

2bFrank

I would concentrate on only your side, is there anyway to block off your side and separate it.

Feel free to do the whole garden if you so wish, however you will have no extra rights if you did this, and you might find the neighbouring family will start using it more when it is clear and usable, and decide they want to revoke the permission to use their garden.

Schwarzwald

Thanks everyone for commenting and sharing views.

Opinions are in aggregate, as I kind of expected, along the same line: can’t really formalize any rights over their part of the garden.

 It is less an issue of looks for me, it is more that the total garden is pretty large and the rear part is kind of is wasted as they have no intention to use it.

 I will speak to my landscaper to focus on my part (90%of costs) and to find a low cost way to make the rear part “usable” (say 10% of total costs).

I will then speak to my upstairs neighbor to seek verbal agreement that they are okay for me to use their part if I make it up.

 I think I am okay to spend a few £pounds on their bit, even if I end up using it for only a few summers.

Nothing will be in writing and if they were to change their minds after I spent some £pounds … I just need to accept it, but obviously would sour the relationship.

 Thanks everyone

ashe

I wouldnt even focus 10% on it. Do 100% on your garden and for the sane of the space just do some DIY tidying up on it which should be fairly easy to do 

TELLIT01

Put a fence at the rear of your area, still enabling access to the area behind and leave it at that.  As the occupants are only renting they are not in a position to give you permission to use the entire garden, only the landlord can do that.

What happens if you spend money on 'their area' and then they move out.  New tenants may well want to use the area you have paid for work on.  Forget the idea.