Right of Access(6 Posts)
We've bought an end terraced house where the next door neighbour (unsurprisingly) has right of access round the side of the house, through our garden, past our kitchen and dining room window and on to the back of their house. Fair enough we thought when the solicitor drew this to our attention - they'll need it to take the bins out, take gardening equipment back and forth etc. However, day one in new house the neighbour politely but firmly points out that they will continue to use this as their main route into their house rather than use the front door. This includes all their family and other visitors who now routinely troop through our garden. A perusal of the deeds confirms that they have right of access with no caveats. Is that it then? Will we never be able to eat breakfast just wearing our pants ever again?
Pretty much! Did this not cross your mind before buying, that it could be very intrusive depending on what your neighbours were like?
I do feel for you as I would hate it.
I’m afraid I do think that’s it OP revoking a right of way is nigh on impossible I believe, particularly if they actually use it. I do wonder though if the right of way would only apply to people who actually live in the property rather than all and sundry using it, might be worth looking into?
I used to live in a house that had access through other terraced gardens. We were a student house of four, with one bedroom in the front lounge, so all accessed through the back door at all times of day and night for lectures and social life. Visitors, boyfriends etc etc. I'm sure we were nightmare neighbours for this reason, but equally we'd rented a house set up with the back door as the main door and so had little choice.
A friend of mine had a similar situation. He neighbour would walk past her window and wave! She put fencing in so that the neighbour still had his right of way, but it was across the end of the garden, rather than past my friend’s window. He didn’t like it and got a solicitor involved but as he still had access through the garden, he didn’t have a leg to stand on. Would something like that be possible?
You could put up a gate with a lock and give them a key. I imagine they'll get fed up having to constantly unlock it as you lock it behind them.
You aren't denying access, just making your property more secure. As long as you let them have a key you're complying with the law.
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