The Sunday Times
Wednesday March 20, 2019

Can i fence off my part of the communal garden?

We live in Southside in a maindoor tenement flat with a small front private garden and access to a communal 'green' at the back. However, some other maindoor flats in our street have their part of the back garden fenced off as a private back garden. A resident has told us that this used to be the case with ours but that the fence was decrepit and the garden maintainer at the time pulled it all up. There are lots of reasons why I would probably not want to fence it off again - but I'd like to know if it would be legal. I don't see any mention of it in the deeds but I am not a lawyer.

Asked on Aug 26 2013, General in Edinburgh | Report content

Answers (3)

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  • Check with the lawyer who did your conveyancing, or just put a fence up and see if anyone objects. At worst it has cost you the price of a fence, which may be cheaper than a legal opinion!

    Answered on Aug 29 2013, Report content
  • Depends on the original Title. Is the ground allocated?

    Answered on Jan 11 2014, Report content
  • Sorry if it wasn't clear falcon337 - I have no idea how to interpret the original title - it's just not clear to me from looking at them... To David Atherton - as I said, there are many reasons I don't want to fence it in yet - mostly I don't want to lose the good will of my neighbours.

    Answered on Jan 11 2014, Report content

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