Creating access to garden

[dxmas]

I own a 2nd floor flat in London that has a garden space which I part own with the first floor flat. Currently we do not have access to this space so are looking at using the first floor landing to build steps down to the garden.

Our problem is that the shop on the ground floor owns a certain part of the garden starting from the back of the building outwards and we own the part behind. This means we are not able to reach our section of the garden without using a part of their land to get to it.

Are there any rules or regs that state whether you are allowed to create access using a part of someone else's land if there is no other alternative? And what are my possible options.

[jackthehat]

1. You ought to have a conversation with the shop-owners. This will determine their willingness to allow you to 'use' part of their land.
2. If they are agreeable but with the proviso that you give them full details first, contact a structural engineer who can possibly design a solution which would inconvenience your GF neighbours the least.

[bushbaby_de]

You would need the landowners permission and you would also need planning permission. Just because there is no alternative doesn't entitle you to use the land unfortunately - which is how 'ransom strip' situations can arise.

[The Builder]

If you can get their agreement, you could have a steel staircase with a horizontal "flyover" section across their "airspace", with the steps in your own area of garden . That way, you don't interfere with their ground (assuming it's not half a mile or so!)

[whiskeryron]

How awful that you cannot access your own portion of garden, & what a ludicrous situation to be in.

Ron.

[bushbaby_de]

I would imagine there is something in the deeds that allows the occupiers of the upstairs flats access to their gardens over the land the ground floor owns, just that they do not have DIRECT access to it straight from their flats.