Nosey Director entering people's gardens - trespassing?

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    Nosey Director entering people's gardens - trespassing?

    Hi,

    Bit of an odd one this. So, one of the Directors of our Mansion Block's Freeholders Association (so, a fellow Leaseholder with share of Freehold), keeps entering the gardens that run along the back of each of the blocks of our mansion blocks, even though they're not attached to his block. Each of the blocks consist of 4 flats with a fenced off area at the back around each block that a back door of our stairwell has direct access to. Our Land Registry Title has a red line around both our building and the back garden of our block, and a "Section C: Charges Register" section says that:

    "The parts of the land affected thereby are subject to the leases set out in the schedule of the leases hereto. The leases grant and reserve easements as therein mentioned."

    The "leases set out/schedule of leases hereto" lists our 4 flats in this block only.

    The Director/Leaseholder that keeps entering the back garden in question is NOT one from one of the flats in our block, but from a block down the other end (there is also access thru a gate at the back of the garden, as well as directly from our stairwell) I've looked up the title deeds for his flat, and they have their own red line around their own block's fenced garden, with similar Section C listing all the 4 flats of THAT block.

    Could it be said we can only access the gardens that are surrounded in red for our own Title Deeds? That we only have the right to pass and repass etc, as per our lease, just the "parts of the land" outlined in red in our own title deeds?

    Or, as the whole Mansion Building and all the blocks in it are ultimately owned by the same Freehold Company, are all the gardens accessible by all the leaseholders?


    Quite a lot of neighbours in our block are complaining about him wandering in all the time - often with nobody knowing who he is (!), so it'd be good to clarify if he's even allowed to enter! Hope this isn't too confusing...


    #2
    Hi, as nobody else has bitten I'll throw in my jaded thoughts.

    This sounds like an RMC where, if so, presumably all you perfectly reasonably miffed leaseholders are registered members? You say there are quite a lot, so you have the numbers, no?

    I'm not sure one director can go off wandering their personal 'fiefdom' for no obvious reason like this - unless he is exercising an amenities area access right just as a leaseholder. Your leases will reveal if he has that right. I don't pretend to understand your red lines.

    Maybe he feels the need to carry out site visits a lot, but even here the Board should be authorising him to do this and keeping him under supervision. Nobody wants a Napolean figure waving a clipboard.

    Seems to me you have options in escalating levels of desperation:-

    1. Go out and shout at him to clear off with two gees. Keep doing this. It would surely take a very strange personality to withstand public humiliation like that? He might be mortified to know he is causes such concern.

    2. Write to the Board of directors at their home addresses and complain collectively. Name and shame.

    3. Gang up as company members and sack him. Award him a new clipboard for his time.

    4. Put the wind up him (even if he is harmless) by writing to him as a group of concerned parents or relatives saying that children live in or visit and use the gardens to play and the mothers are concerned what he is up to.

    5. If all else fails, contact the local neighbourhood police to have a wee word with him to find out what he is about. That should sort him out.
    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

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