Shared garden... divided

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Shared garden... divided

Post by DAG500 » Sun Jul 01, 2018 11:29 pm

I am sure this question has been asked and answered before but can’t find exactly the same to my situation. I’m new here and apologise for just coming straight in with a question.

I live in a ground floor leasehold flat. There is one other, first floor, flat in the same building. The first floor flat owner also owns the Freehold outright.

There is a “shared” garden which we both have access to.

My lease does not demise the garden but gives me “a right of access” and “a right to recreational use of the garden” - along with the upstairs flat.

We we have had an informal divide in the garden for some time now - a freestanding bamboo screen - but this does not completely divide the garden and you can cross from either side easily (although we normally stick to each side).

Someone new has now moved upstairs. He now wants to formalise this divide with a proper fence, but has offered to keep a gate in the fence so access either side can still be preserved. He says he can do this as he is the freeholder and it is his land.

I am am concerned about this as I feel a proper fence will make the garden seem smaller and may have implications for the future (ie a new owner may put a lock in the gate).

My main question is does he have the right to install the fence? Can I argue an unlocked gate is still restricting my access to the whole garden?

Also what does “recreational use”mean? I’m worried that I don’t even have permission to keep my table and chairs in the garden!

The lease is unspecific beyond what I have said above - the only other things it states about the garden is that I can keep a bin in the garden, and I cannot hang washing.

Thanks for any advice!

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Re: Shared garden... divided

Post by MacadamB53 » Mon Jul 02, 2018 11:30 am

Hi DAG500,

does he have the right to install the fence?

you mean would it infringe on any rights you own? - and I don’t think it would so long as there’s unrestricted access to the other side.

kind regards, Mac

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Re: Shared garden... divided

Post by IdefixUK » Mon Jul 02, 2018 1:04 pm

Hello DAG500?
You mention a freestanding bamboo screen. To me this means it can be moved around faily easily to a new position. Is this infact the case or is it "attached" to the ground? How long has this screen been in the garden? Is the proposed new fence just a replacement for the screen (ie same height /position etc with a gate on the end?
Do you think that if the garden is divided by the proposed fence that the freeholder intends to place say a garden shed or green house on the land?
Also how many years ago was the lease created, and for how long have you owned the lease?

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