Who is responsible for a garden which is property of management company but for which I have sole access?

J

JuliaB

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Please could someone advise me on who is responsible for the upkeep of the garden outside my apartment? Details below:

I have just bought a 2 bed duplex. There is access to a very large walled garden space, long neglected, completely covered in thick layers of gravel and lots of weeds and brambles.

My contract states that it is the property of the management company but that I have sole access. I have had various quotes from gardeners to either remove the gravel or to patio over the space. The quotes range from 4-10K.

1. I don't want to spend this amount of money on a piece of land which I do not own.
2. I do not have any spare cash or time as I have a disabled child to look after.
4. This space is overlooked by several apartments so I feel a responsibility to keep it looking nice.

I contacted the management company and asked if they could remove the gravel so that I can get it grassed over, or if they could come up with a simple plan so that I would then find it easier to maintain the space.

Their response is:
I understand your concerns regarding the garden, and I've discussed the matter with my line manager. She mentioned that since your garden is classified as a balcony due to being solely for your use, we're unable to send gardeners to tend to it directly.
I realize this may not be the ideal solution you were hoping for, but please know that we're here to assist you in finding alternative ways to address any maintenance needs. If you'd like, I can provide some tips on balcony gardening or recommend local gardening services that you might find helpful.
 
I’d ask permission to get the gravel removed. Perhaps someone could take it away for free if it’s loose and usable. Try donedeal. Weeds can be dealt with using a spray weed killer. After that a lawn is much cheaper and easier to manage than paying for hard landscaping. A lot of it could probably be done over a few weekends. Difficult to know without seeing it. I would be inclined to get a gardener that charges by the day. I use one and he charges €120 for a day around 6 hours but does a lot in that time. I wouldn’t spend thousands if you don’t own it but if you get to enjoy it it’s worth a little investment and time.
 
There is a huge amount of gravel. The quotes I have had for removal of gravel and weeds start at E3700. They have to get it out through the house and into a skip. The weeds have been sprayed several times. They are established brambles growing up through the gravel. It is a big job. As this land is the property of the management company my query is - surely this is their job not mine?
 
JuliaB said:
1. I don't want to spend this amount of money on a piece of land which I do not own.
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It's highly likely you don't own the duplex, just have a very long lease and exclusive access to it.

The fact that you have sole access would suggest you are responsible for maintenance and upkeep. The management company generally only covers common areas.
 
Looks valuable to me to have extra land with your duplex. I'd be removing a bit of gravel every week, eventually you'll get there. I wouldn't worry about the neighbours given you a) can't afford to sort the problem out b) have a handicapped child c) the management company have washed their hands of it.

On a point of language, it sounds like a terrace, not a balcony.
 
Is this correct, a management company would need to go through your house to access their garden? . And what is a balcony garden?
 
Johnny apples said:
And what is a balcony garden?
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I presume it was compared to a balcony in terms of clarifying responsibility for maintenance rather than called a balcony. I also assume the OP spoke to the management agent and not the management company of which they are a member.
 
If you are the only one that can access it, then essentially it's yours. Therefore you should IMO be willing to spend money on it.

I wonder could you get actual legal ownership of it e.g. via adverse possion or other means.

If I was in your shoes, i would treat it as mine. I would ask for permission from management company to do as I like with it, and go ahead and do whatever I wanted.
 
Trying to visualise or understand this better.

How exactly is the land connected to your duplex's land?

Do you have something like a small enclosed garden, with this space behind the wall at the end of your garden? and a door from your garden through a wall to this? Or is more like a narrow laneway that you have access too, with the walled space at the end of the lane?
Does the walled space share a boundary with any other properties?
 
SPC100 said:
I wonder could you get actual legal ownership of it e.g. via adverse possion or other means.
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Nope, they've clearly been granted sole access via their lease terms and adverse possession requires proof of use without permission. Hence the adverse bit.

I presume the contract referred to is actually the lease, and so it's likely they effectively have every bit as much 'ownership' of this as they do the duplex itself.
 
Pat Kenny got adverse possession even though he had the owners permission if I recall correctly. Doesn't really matter though as the OP has sole use of it, so it's in effect hers.
 
Bronte said:
I'd be removing a bit of gravel every week
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Dump a bag a week into your wheely bin.

Mark the area into squares, pick a section to clear & start there.

Round up has a bad press, but it is effective. Wear ppe & mix a good dollop into some flour to make a paste - use an old paint brush to paint it on to the leaves of the bigger weeds / brambles. Choose a day when you have a good chance of dry weather.

For the smaller stuff a kettle of boiling water is surprisingly effective.

Try not to get overwhelmed & do a little at a time.

Make up a few pots of summer bedding (black plastic buckets are cheap as chips) to cheer up the place in the mean time.

If you are at all handy, wooden planters are easily made.
 
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