We Are Purchasing A Upstairs Maisonette In A House (Other Property Is Downstairs Maisonette) Which Currently Has A Shared Garden, But In The Deeds Each Property Owns Half The Garden. We Would Like To Erect A Fence To Separate The Garden For Privacy

[HannahMoriarty]

The downstairs maisonette is currently rented out and has kids toys all over the garden, so would expect the and their landlord potentially not to be best pleased with our plan. Our conveyancers are a bit vague at the moment. We wondered if the best course of action would be to cobtact landlord of other property before sale? If we were not able to separate shared garden it would be a deal breaker-would the other property owner be able to prevent us putting fence on land which is designated as being owned by upstairs property in deeds?

[davebro]

If it's a deal breaker then you've got to make sure before you proceed. I would advise all interested parties of my intention & await responses. Have you checked for any restrictive covenants?

[johnk]

Even if you do split the garden it will cause ill feeling. Who is responsible for the roof?
I would say leave it.

[roadman]

Who knows maybe the downstairs people would rather you split the garden than sunbathe next to their children and the toys that come with said child or more

Try communicate with then see what they think

[barry1010]

Negotiating with your neighbour is good but you need to be very certain of the legal situation. New downstairs neighbours could force you to remove any fence if the law is not on your side

[ladybirder]

Have I got this right - the downstairs maisonette does not have the same landlord as you?

[jno]

do you actually own half the garden? Or is it that you both have half shares in the same garden?

[Smowball]

Sounds potentially very complicated.

[HannahMoriarty]

Thanks for all the answers so far. Downstairs are tenants and we would be buying the upstairs maisonette. Definitely complicated as the tenants are obviously used to having whole of the garden at their disposal, so they and in turn their landlord/owner of the property is unlikely to be happy with our plans.

[HannahMoriarty]

Apologies just for further clarification, both properties own half the garden (split vertically) as laid out in land registry plans and deeds.

[jno]

if you literally own half the garden then it doesn't matter if they're happy: they've been making use of someone else's property. However, that's why I asked before whether that's the situation, or if you both have full rights over the whole garden, which is what "a shared garden" might mean.

[jno]

oh okay, then you're fully entitled to fence off your property. It doesn't hurt to be nice to your neighbours if you can; but in the end it's your land.

[hellywelly4]

I would walk away. You might upset the people downstairs and then that could cause real problems. Find somewhere else.

[Peter Pedant]

If it is a deal breaker - I would probably go elsewhere. ( I did)

It depends what the deeds ( title docs) say. You need to clarify a deal-breaker and insist they look and explain. Whenever anyone says - " oh I think you should leave that to the lawyers...." ( so I didnt know what I was bidding for ) I looked elsewhere.

yes depending on what it says, they can