Right of access over used??(8 Posts)
Hello, I just wondered if anyone knew what my rights are regarding a "right of access" across my garden?
I have just bought an end terrace house which has right of access for my joining neighbour, however he seems to use it as his main access all of the time.
I have not said anything to him just yet because I don't want to cause an upset, especially if he has the right to do this.
He is walking backward and forward across my garden all day every day (his is a council house and he does not work so is there all day).
He is a bit odd and being a young woman living on my own it concerns me a bit. He is very nosey and made comment on the flooring I had been laying, he had clearly been peeping into my windows (very difficult to see the direction of the flooring being laid which he commented on!!!) I had a look through my window to see myself and he must have been right up against the window when o wasn't there!!!
He or his wife (she's not as bad as him!!) do not ever seem to use his front door, even carrying his shopping item by item around the side of my house then through my garden!!
Do I have a right to ask him to only use it for bins/occasional access to the garden.
My deeds say he can walk through with one vehicle ie a bike.
Any help or advice would be appreciated!!! X
Unless the right of access is for something specific then I'm afraid you can't limit it. You could possibly do something like fence part of the garden off so the right of access is a clearly delineated pathway they'd have to stick to. That may be quite easy to do if the access is at one end. You can also achieve this in a less obvious way by strategically positioning planters and garden furniture. Steer them away from what you don't want them noseying at.
I would also go for deterrent - magic blinds at the windows (light gets in and you can see out, but they can't see in) and a motion sensor CCTV camera that whirs into life when someone walks near it. If there's nothing to see and you are pointedly triggering a camera then you are far more likely to stay away. It doesn't even need to be a camera - just something that turns around or flashes, etc.
Can you speak to the wife and say that her DH makes you jump every time he uses the path - tell her it's 20 times a day - and that you are considering asking for the pathway to be moved furthest away from your building? And that you will see a solicitor about it?
To chan it you need everyone's agreement but as its your land and only you they don't have a leg to stand on
This might make him think how awkward it would be a be and tone it down
Do you deeds say where the right of way should be? If not stuff him and move it - and the gates
I'd go for light fencing, for example post and wire, that will not spoil your view but you can put climbers such as roses or sweet peas on.
Also put a few large obstacles in the way, such as barrows, sandpits and a few handfuls of lego on any paved areas.
If the path is at the bottom of the garden, like a back alley, then certainly fence it. You are in a terrace, do all the neighbours have access?
We had this exact same problem. There were not any gates when we moved in ... Added two heavy gates which need to to latched... Less people using the path!
Is the path right under your windows or at the other end of the garden?
If it's house end build a deep boarder,rockery, patio absolutely rammed a few feet deep with tubs of plants and planters - make it a kind of feature and re route the path away from your windows slightly. If there's no obvious path, make one with gravel or slabs.
If you do it to loom like a garden relandscaping project as opposed to a path /access re routing you're less likely to piss them off but I suspect they won't like any changes you make very much (old and stuck in their ways,may have the attitude they've always walked there for millions of years attitude) .
I noticed men behave like this when I moved to a new area. Way too interested in the renovations I was making. Looking for excuses to meer cat into my garden and home.
I has moved from an area where nobody noticed there was a canabis farm in a rented house, as they got on with their own life and we're not into others lives.
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