Neighbour split the Communal Garden.

Blueeyes1965

First post so hopefully I’m in the correct section..

Home owner Scotland, I share a communal yard with 3 other neighbours but only 2 have direct access, the other 2 don’t have back doors.

My neighbour has taken it upon himself to fence and gate an area without any consultation with me but I know he approached the others.

Its not a big yard so it really makes a difference. In theory I can still go in the fenced section but it feels awkward now we didn’t get on but put up with each other so this feels like a step further.

I own my home, he rents, I emailed the Landlord (Private Rent) and he’s not in the slightest bothered but I have had this response before when Tenant was being anti social.

Im not sure what to do or do next if anything. If it stays this way divided for a period of time does that mean I have given up rights to the whole space etc?

Ive checked my deeds and of course no where does it state divisions only ever communal use.

_Penny_Dreadful

How do you get on with the other two neighbours? Is there a factor for the building?

If the tenant's landlord refuses to take any action about this or other antisocial behaviour from the tenant you can go to the council and if the landlord still fails to take action the council can issue him with an Antisocial Behaviour Notice (ASBN).

Blueeyes1965

We are in Scotland, not sure if factor counts?

We speak, aren’t over neighbourly, they are elderly and I suspect they don’t want to get involved unfortunately.

Would the Council take it seriously as AS behaviour due to the fence. 

Although he isn’t nice the other behaviour which was relentless has calmed down. 

oldernonethewiser

Might be worth a word with Citizens Advice to get their take on it.

https://www.citizensadvice.org.uk/scotland/housing/problems-where-you-live-s/neighbour-disputes/neighbour-disputes/boundary-and-garden-disputes/

Has the neighbour fenced and gated this area for a particular reason?

_Penny_Dreadful

I gathered you were in Scotland when you said, "Home owner Scotland." In Scotland a factor is a person or firm charged with superintending or managing properties and estates especially in the case of tenements however some owners, such as in the case of my tenement, who decide to self-manage.  If there's a factor looking after the communal areas that will include the garden so get in contract with them.

Blueeyes1965

_Penny_Dreadful said:

I gathered you were in Scotland when you said, "Home owner Scotland." In Scotland a factor is a person or firm charged with superintending or managing properties and estates especially in the case of tenements however some owners, such as in the case of my tenement, who decide to self-manage.  If there's a factor looking after the communal areas that will include the garden so get in contract with them.

Thank you, I wasn’t  sure what that meant. Unfortunately no factor in place. 

Blueeyes1965

oldernonethewiser said:

Might be worth a word with Citizens Advice to get their take on it.

Has the neighbour fenced and gated this area for a particular reason?

Not that I’m aware off, we aren’t friendly with each other so no conversation and not approachable so I contacted the LL who just responded with “ yes I’m aware of the fence “ and has ignored any further query?

oldernonethewiser

I would start by having a word with CA.

The legal standing of access to the garden and what can and can't be done with it should be fairly easy to establish.

I used to live in a property where the ground floor had exclusive rights to the garden.  This came a surprise to some people viewing upper floors as the estate agents told them the gardens were shared. 

Do you actually want it removed?

Devongardener

I think you definitely need some legal advice, as there is a chance that landlord of the other property is happy to establish the fenced off area as his, if you don’t challenge  it formally. It could also cause you problems if you decide to sell.

user1977

The neighbour isn't going to gain any ownership rights merely by occupying the garden. But I would still take steps to sort it out.

Blueeyes1965

Devongardener said:

I think you definitely need some legal advice, as there is a chance that landlord of the other property is happy to establish the fenced off area as his, if you don’t challenge  it formally. It could also cause you problems if you decide to sell.

This is my concern that somehow the separation could cause a claim. 

Equally if I choose to sell I will have to explain it’s a communal yard but fenced, so deeds are incorrect. Sounds so messy and expensive.