In article , Harry
Syme writes
I live in a tenement building in Scotland and there are 16 flats which all
share a communal garden.

Over the years a few people have placed garden sheds in the area but all in
a line up along a piece of ground which can only be described as waste land.
J have no problem with that even though permission was not obtained.

Now some idiot has built a shed with a concrete base right slap in the
middle of the area used for drying and for keeping the wheely bins.

You need to have a look at the titles (deeds in old money) for your
property to see what it says there about the common areas. You can get a
copy he www.ros.gov.uk very cheaply and if you live in Glasgow or
Edinburgh you can go in person to their offices and walk out with a copy
10mins later and only 2 odd quid lighter. You'll need ID if not paying
by credit card.

My own titles describe the back court to be 'solely for the purposes of
drying washing' and I would expect yours to have some similar
restriction to avoid someone taking it over. With a restriction like
that the builder should not have gone ahead without the permission of
the flat owners.

It is likely that the ownership of the area is common with the other
flat owners so it's not really a council matter. Is the building
factored? If so then a complaint through them may be the way to proceed
although a savvy individual may realise that the factors are actually
powerless to act without the consent of the majority of owners. That
consent may be difficult to achieve if the other shed owners see their
own buildings being threatened.

Given that someone has gone to the bother of building a concrete base
and putting up the shed, I doubt they'll give it up without a fight so I
would expect you would have to make some sort of legal challenge to have
any chance of success (even then not guaranteed). Avoid this route if
possible and try to get support from other flat owners and the factors.

For more help, perhaps post to uk.legal.moderated clearly marking the
subject Scotland so that is clear from the start. There appear to be
only a couple of posters there with any real knowledge of Scots law so
you just have to hope that one of them catches your post.

Good luck.
--
fred
FIVE TV's superbright logo - not the DOG's, it's ********