My neighbours upstairs are saying my gardens communal!

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jimmie99
Posts: 2
Joined: Sat Jun 06, 2009 10:10 pm
Location: london

My neighbours upstairs are saying my gardens communal!

Post by jimmie99 »

Hello all, happy weekend. I bought my flat in 2007 and was told that my ground floor flat had a private garden.

The neighbours upstairs were selling their flat the other week, and i found they were advertising their property with a 'communal garden'. I of course called the estate agent and told them to correct it. I then got an angry call from the neighbour saying it wasn't within my rights to do it!

Anyway, it's been a run of problems with the guys upstairs... namely the fact that he converted the box room into a 'studio' for dj'ing without actually putting insulation in. Really it was a killer. And this is the nail in the coffin!

So anyway, we have plans, with what we have as part of the property outline in red pen. That's part of the lease which we were given when we exchanged/paid up everything with the seller. This includes the garden. This is shaded in Orange. This is outlined in red pen.

I checked my lease, and it said I have "Full right and liberty for the tenant and all persons authorised by him (in common with all other persons entitled to the like right including but without limitation the landlord and the tenants and occupiers of the other residential units in the Building) to use the garden (colours orange) for the purpose of quiet enjoyment only....".

The neighbours haven't any documentation, or they would have showed me. Next door, who also own the ground floor have a similar deal in that they 'own' the garden downstairs. We've been spending money to make the garden nice, and put up fencing and a door. I just wanted to know what you guys thought and what my position was!

Bit worried. It's a garden spot just next to my patio, so it's right next to my building. Want to keep it private so I can sleep at night, secure from potential weirdo's and noise!

Jim
juliet
Posts: 715
Joined: Sat Jul 12, 2008 6:26 pm

Post by juliet »

I am no expert but the lease sounds as if it is communal? The phrase 'in common with all other persons......tenants and occupiers of the other residential units' would seem to indicate communal use.

Why have the orange shading as well as the red boundary on the plans. If it was just yours it would just have a red boundary and wouldn't need a orange shading to indicate another element of the lease?

I wonder what others think?
jimmie99
Posts: 2
Joined: Sat Jun 06, 2009 10:10 pm
Location: london

thanks

Post by jimmie99 »

Thanks for responding! Just been outside in the garden right now. Lovely weather, in between the spots of rain.

The actual plan we have (showing red pen for 'what comes with the property') indeed has that garden shaded in orange. But the map also indicates 'communal' areas, these are of a different pattern.

The legend/key on the map clearly states that areas shaded in this way are shared/are communal. This basically relates to the very front of the property and areas around the parking spaces out back.

So i was thinking, if indeed this was communal, why wasn't it shaded the same as the other bits on the map?

Jim
juliet
Posts: 715
Joined: Sat Jul 12, 2008 6:26 pm

Post by juliet »

Your right, it has been a lovely day today. No rain up north yet but the clouds are gathering.

Is there a key on the map that refers to what the orange hatching means then? I wonder if you could scan and post it on here?
Janner 007
Posts: 487
Joined: Thu Nov 27, 2008 4:22 pm
Location: Leicestershire

Post by Janner 007 »

The legend/key on the map clearly states that areas shaded in this way are shared/are communal
Is there a key on the map that refers to what the orange hatching means then?
Yes.

From what you are saying the rear garden, which is under dispute, is not shaded orange and therefore not shown on your Deeds as a communal garden?

It would be worth donwloading the Deeds of your neighbour fro the Land Registry website to see what is detailed within their Deeds. If this shows the same as yours you are right to question this, both with the neighbour and provide copies ot the estate agent so that they do not mislead a potential buyer.
loftspace
Posts: 135
Joined: Sat Jul 05, 2008 6:08 pm
Location: London

Post by loftspace »

My sister-in-law had a similar problem: she owned the ground floor flat, which included sole use of the garden. The person who owned the flat upstairs put his property on the market and preseted the property as having use of her garden. The seller got his solicitor to send a letter to scare her. It took a stiff letter from her solicitor to resolve the problem. Man upstairs had to amend agents details.

It may be worthwhile getting hold of the land registry title to clarify.
subjecttocontract
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Post by subjecttocontract »

The person who owned the flat upstairs put his property on the market and preseted the property as having use of her garden.

A very silly thing to do if its not true as this would leave the seller open to a claim for damages from the new owner.......although the legal process should identify such an anomoly.
Almost everything I say is tinged with irony !
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