Shared garden, "recreational use and no ball games"

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    Shared garden, "recreational use and no ball games"

    Our property has 6 flats. Ground floor flat has exclusive use of a garden and then all, including them have rights as described above. New downstairs (who have exclusive use of their garden) have taken over the communal garden. All their "crap" is over the garden, they said they'd look after it and I envisioned them mowing the lawn and pruning but all they have done it dig up areas that were lush with plants and plant their own veg! They've dug up the bit of grass that gets the evening sun to plant their veg.

    Communal gardens need freeholder permission to modify, and won't be given.

    You say in previous posts, the management is crap.

    You write to the directors AND managing agents stating the offenders MUST put the communal garden back to the condition it was before they moved in.
    Also, It is not their land to mess with. Remind the directors AND managing agents of that fact, and probably you contributed the plants that were removed.
    Altering the freeholders property without permission, ( which has to be refused ) is a breach of the lease.

    Try removing all their vegs, and putting in some plants, and give them an invoice for doing so, stating what they did is not permitted.
    Spend £ 10 for plants, go do it, and say, their veg' will be removed again.

    They took "Your plants" out, and you put some back in --- What's the problem - you say.


      Thanks for your response. No point writing to the Director. She did nothing when I told her another leaseholder has spat all over my door and all over communal hallway carpet. The new owners downstairs have taken over one of the front parking spots and laid down a shed. They have two broken down sheds (very large) leaning up against the side access to the communal garden.
      When I say not permitted, not permitted according to what? Recreational use does not include digging up areas to plant their own vegetables?


        Who runs the place ?
        in house Directors ? ( known as an R.M.C.)
        A Managing Agent ( RMC can out source the management to one )

        Are the offenders new Owners, or is it being let out by the owner.

        Yes, these questions are needed.


          Thanks for your response again. I would say no one runs the place. The old downstairs owners used to take care of front and back gardens. We have a limited company with now only 1 director and company secretary. I'm in court with the company secretary, as a fellow leaseholder for breach of lease with his floors and it was his son that spat all over my door 30 times since the start of the court case. There's many more problems. I know it's a mess! I thought new owners coming in would be better but I think they're taking the p.
          Downstairs are new owners. I've just put a note for them to have a chat with me about the gardens. They've littered all of the back garden grass placing heavy things on the grass. I think they want it to go brown so then they can put up their massive sheds.


            Originally posted by snowboy View Post
            I would say no one runs the place. We have a limited company:
            I'm in court with the company secretary, as a fellow leaseholder for breach of lease with his floors
            Your Limited company runs the place, and if they are NOT running it correctly, you . . . .

            1) Sue the company for not ensuring the lease is upheld, and the offenders have modified the common garden, and driveway, which they are not entitled to do, and the company refuses to rectify the matter, therby ensurung the place becomes a tip, eyesore, and would set a precident if alowed to continue, and has just devalued your property.

            2) if you can get 3 people on your side,incl. you; then ask for a general meeting to install 3 more directors, but I think the following will vote against this at a meeting.
            such as -( assuming they shareholders ) the director , the Co. Sec. and new miscreants (shed builders ) as it will be 3 against 3, so go for option 1)


              Thanks so much Ram, there's been many occasions when i thought about suing the company. They have let this building deteriorate including recent changes to the guttering to help out a neighbour giving up what was probably a 100 year right to share downpipe and drain into the soakway on their side. Now the water runs down my property due to an absolute bodge job. But surely suing will affect me. I am one of 6 shareholders. Anywhere I could go to get more information on this? I've looked everywhere. I've looked at going to the FTT but seen horror stories on here.

              Thank you again for your help with this. Absolutely, option 2 doesn't work.


                If you are only a shareholder and not a director, - no problem.
                If you had shares in BT / shy etc, and they did someting wrong, you don't expect thousands of shareholders to be taken to court, and a stadium would have to be hired to fit them all in ---------- wont happen.


                  Thanks Ram


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