Should I Buy a Home With Shared Garden Rights?
Shared gardens can be a real plus, but the details live in the lease. Before you buy, ask your conveyancer to confirm who can use the space, who keeps it tidy, and how the costs are split.
Having an outdoor space you can enjoy is one of the best parts of home ownership. It’s a sentiment echoed by a Zoopla survey in which 87% of UK buyers said it was amongst their top priorities when looking for a property.
While having a private garden is not possible for everyone, many of the benefits are available through shared ownership. Many UK flats and maisonettes come with access to a communal garden as part of the lease, but it’s often not clear what that actually means for everyone.
So, before you fall in love with a home that includes shared garden rights, it’s worth understanding how this kind of thing works and the potential risks involved. Stay with us to get a better understanding of what every buyer should know.
What does it mean to have shared garden rights?
Shared gardens can add real appeal to a flat or maisonette, but they’re also a common source of confusion. The good news is that this information is usually found in the lease, detailing where the boundaries are, what you can do and how the space is maintained.
These kinds of spaces are usually communal, owned by the freeholder and shared between residents, but the exact terms can vary from one building to the next. That’s when clear wording makes all the difference.
A clear lease will usually set out:
- Which residents are allowed to use the garden and how often.
- Who arranges gardening, cleaning, and general upkeep.
- How the running costs are divided between flats.
- What kinds of activities are acceptable, such as sitting out, barbeques or planting.
- How any issues over noise or nuisance will be handled.
- The steps to take if neighbours fall out over shared use.
When these points are well-defined, everyone knows where they stand, and shared spaces tend to be enjoyed by all parties equally. That said, your conveyancer should check all the relevant clauses and point out anything unclear.
A shared garden can be a real benefit when the rules are clear and respected. With proper checks before you buy, you can have an outdoor space to enjoy, often without much of the upkeep a private garden typically needs.
What happens when neighbours don’t respect shared space rules?
Shared areas work best when everyone uses them responsibly. When that balance slips, arguments can happen. However, most problems can be fixed if you know what the lease allows and who’s responsible for acting.
Common issues in shared gardens include:
Clutter and storage
Bikes, prams, and bins left in hallways or pathways block access to the garden and breach safety rules. They’re irritating and breach the terms of the majority of leases.
- How to handle it: most leases ban “obstructions.” Report the issue once to the managing agent in writing — that’s often enough. If it continues, they can issue a notice and arrange removal under safety regulations.
Noise and social use
In warm weather, shared gardens often become everyone’s favourite spot. That’s great until the music drifts too far or the chatting runs late into the night. What starts friendly can easily wear thin.
- How to handle it: make a quick note if it keeps happening and have a word with the managing agent (who may be the freeholder, directly). They’ll usually send a gentle reminder about the lease rules or step in quietly before it turns into a real dispute.
Upkeep disagreements
Every shared space has one or two people who end up doing more than they meant to. It might be mowing, watering, or just tidying up after others — and it soon feels unfair.
- How to handle it: maintenance of the garden and all common areas should be covered by your service charges. If general upkeep is lacking, raise this with the management company; if they are consistently failing to meet their responsibilities, you could apply to create a Right to Manage Company, giving yourself and other participating leaseholders the power to run the building yourselves.
- If the problem is due to misuse or mess left by other residents, have a friendly word with the offending neighbour first; they may be unaware that their actions are affecting your enjoyment of the shared space. If the problem persists, report it to the building manager, who will step in to enforce the terms of the lease.
Handled early, these problems usually stay minor. A clear lease and a proactive managing agent can make shared living easier and help prevent any disputes before they start.
Can I make changes to a shared garden?
Anything permanent would need written approval from the building manager. They will need to juggle the needs of all residents, consider health and safety, insurance, and are unlikely to approve anything which increases the general maintenance burden.
Anything you leave in communal space, such as a chair or plant pot, will be treated as communal and could be removed by the building manager. If you have accessibility requirements, such as being unable to stand for extended periods of time, it's best to ask the building manager to add suitable seating which is compliant with all the considerations above.
If you'd like to make larger changes, such as installing a new play area or planting fruit trees, this would likely fall under Major Works which are paid for by all leaseholders, through service charges and/or a 'sinking fund'. This will only be approved if it's in the best interests of the building as a whole, and it can be quite hard to get people to agree to pay for extras like this.
What should I check in the lease before I buy?
Every lease sets out how shared areas can be used, but some are far clearer than others. A few run for pages, while others only mention communal rights in a single vague line. When you’re reviewing the document, pay particular attention to the following.
Rights of way and access
Check which paths, gates, or entrances you’re entitled to use. Clear access rights stop later arguments about parking spaces or people cutting across shared ground.
Garden or outdoor space use
See whether you’re allowed to plant, host small gatherings like picnics, or let pets outside. This confirms whether the garden is genuinely communal and who has the power to set the rules.
Obstructions and storage
Look for wording about leaving items in shared hallways or on paths. These clauses exist to keep routes clear and to prevent safety breaches that cause friction with neighbours.
Noise and nuisance
Make sure the lease defines what counts as an unreasonable disturbance. A good clause gives the managing agent authority to step in quickly if noise becomes a pattern.
Maintenance and contributions
Check how gardening and maintenance are organised and how costs are shared, usually through service charges. Some buildings split bills evenly, while others calculate them by floor area.
Dispute resolution
Find out how disagreements are meant to be handled. A short clause here can save everyone time, money, and stress if something goes wrong later.
Get the clear guidance you need before you commit
A shared outdoor space is a great thing to have, but you can only enjoy it fully if you know what strings are attached. Of course, a conveyancer’s main job is paperwork, but they’ll also be able to explain to you how each lease clause is going to affect your day-to-day life.
- They'll confirm who maintains the garden and how the costs are shared.
- They’ll check that access rights and restrictions are clearly defined.
- They’ll identify any outdated or missing clauses that could cause disputes.
- They won’t assume anything based on what other residents say about how the garden is “usually” used.
Because shared gardens form part of leasehold property, your solicitor will also check wider compliance issues. For example, buildings with communal areas are likely to be taller, meaning they may now need a Deed of Certificate under the Building Safety Act.
This is a document that confirms that leaseholder protections apply. If applicable, your conveyancer will request this as part of the purchase process to make sure your ownership rights are safe.
Extra checks worth considering
Alongside these checks, we always recommend a Level 2 Home Survey on a flat, to assess the property's overall condition and flag any defects which could affect its safety, value, or require costly repairs.
This gives you a realistic view of maintenance standards and potential costs before you buy, so there are no surprises later.
With the right professional advice in place, you can move forward confidently, knowing exactly what you’re buying into — and how to keep your shared garden a genuine asset rather than a future headache.
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So, should you buy a home with shared garden rights?
Yes, provided the lease is clear, responsibilities are defined, and your conveyancer confirms the legal details. Shared gardens can add an extra dimension to owning a flat or maisonette when they’re well managed.
However, a vague lease or poor upkeep can quickly turn them into a source of tension. Do your checks first, and it can be one of the most enjoyable parts of owning your home.
Supporting UK home buyers for over a decade
At SAM Conveyancing, we’ve helped thousands of buyers make sense of their lease and shared-space rules over the last decade. So, if you’re buying a flat or maisonette that has communal areas, we can make sure you understand every detail, so your interests are properly protected.
Get in touch with our team for a quote, survey, or to get straight, practical advice before you buy. We’ll explain what matters most and make sure you understand every part of buying a home with communal areas.
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Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
