"fred" wrote in message ...
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 ********

As far as I am aware if you do `proper` brick (or concrete) foundations for
a wooden shed or garage then you must apply for planning permission.
I am not sure if there is a size implecation.
This being the case if they had applied for planning permission it is likely
you would have received a letter to see if you objected to it.