Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to object to neighbour using my garden as their main access?

589 replies

Deepblueokay · 28/06/2026 18:51

Fully expecting to be told this is my own fault for not looking into it properly but need a vent all the same!

A year ago I moved into an end of terrace house. There is the usual easement arrangement with the adjoining neighbour that they can get access to their back garden via my back garden. I know that is pretty standard and I was obviously aware of it when I purchased. Since moving in however it's become clear that they use it as their primary entrance. They never use their front door. They have a sign on the front door telling post man/ couriers etc to go round the back. Again, wouldn't necessarily be a big issue except that there seems to CONSTANTLY be someone walking through! It's an older lady living there with her grandson. He is late teens/ early 20s maybe and in and out like a yo-yo, no exaggeration. Ditto her boyfriend, her dog walker, her cleaner, her food shop, couriers (she gets at least two packages a day!) .... The latter particularly pisses me off because they often don't close my gate behind them. I have an OAP dog and 4 children, the youngest of whom is 4. It'd take literal seconds to slip out of the garden without anyone noticing 😠 And frankly, now that its summer time it just feels quite intrusive. Strangers walking in and out while my children are playing. I stupidly feel awkward sitting outside to read a book even though it's my fucking garden!

Is it even a legal thing to say that they are over using their access?!

Should also add that I would probably mind all this less except that at the end of last year the handle of my gate broke. It was the week before Christmas and I didn't have time or money to fix it and it wasn't particularly a priority for me, but I told the neighbour I would sort it after Christmas, quite reasonably I thought. (I have a side door so actually rarely use the gate). Neighbour told me I had to fix it because it is "YOUR gate" and "a public right of way" (it isn't 🤣).Then proceeded to tell all the other neighbours that I was "refusing" to fix it because I didn't use it and that she "couldn't even get her food delivered" and would "rather die than use the front door"... After a week of hassle and harassment I ended up getting a friend's husband to fix it for free and neighbour has since apologised but... I don't know, it just left a sour taste.

Is there anything I can do? Do I just have to wait for her to move/die?? 🙈

OP posts:
Thread gallery
14
GlobalTravellerbutespeciallyBognor · 29/06/2026 21:23

I presume the NDN owns her house?
How old is she? People used to keep their front parlour, as they called it, nice by always using the back door.

lightreflectingonwater · 29/06/2026 21:19

ImAMinion · 29/06/2026 21:11

certainly not a legal expert so I’m happy to be corrected:

OP on your map, you said you were the red box - to the left side, is that a path? If so, does it go all the way to the top of your garden?

If yes, as another poster has said, can you (and I know this will cost money) rejiggle the gate and fence, so put the gate at the top and create an alleyway - I realise she will probably be stubborn about it but if you then paid for the gate at the top on her side, she wouldn’t loose access but you would get your privacy, you essentially create a path at the top of the garden.

The terraces down my road have done that - they all agreed to chop the top meter of their gardens, put up the fences with gates and then they’ve all got back access without losing any garden privacy. No one who has moved in has complained of the arrangement.

Whose responsibility is the fence on the right of your garden, ie the shared one? If it’s yours, this could work.

Op can't move the route to make it less convenient without the agreement of everyone who has the right to use it (and this would almost certainly come at a cost)

Deepblueokay · 29/06/2026 21:18

I am tempted to just screen off the walkway with plants/trellis but am reluctant to have a fenced off walk way because it would mean losing some garden space. And as someone else (sorry lost your post now) suggested, I highly suspect she would take it as carte blanche to do whatever the fuck she wanted if I did.

A previous owner has apparently tried to move her access to the other end of the garden but she "wasn't keen on that idea" 😩

If the deeds aren't useful, I am tempted by some manner of PITA lock to deter...

OP posts:
vickylou78 · 29/06/2026 21:11

BigBilly · 28/06/2026 19:40

I moved into an end terrace house with exactly this scenario. Unbeknownst to me all neighbours were exercising their right to the easement on a very regular basis. We locked the adjoining gate as we had dogs that were regularly being let out onto the road. This felt like a safety issue. Long story short, the neighbour employed a solicitor, ran up huge bills, I could only defend myself in the week long court case and ended up in circa 100k of debt as a result. If I could have stopped this in advance of the legal action and put the for sale board up I would have done. If this situation is untenable for you, then I would leave. Although do this before any argument ensues or you will have to declare a neighbour dispute when the conveyancing solicitor do their paperwork . Good luck and please feel free to ask me anything, I know an annoying amount about easements. 😆

We have similar easement here and our deeds do allow the occupants plus whoever they allow to cross into their garden. It is very strange to get used to people walking through. Your garden doesn't quite feel your own. We have just had to accept it as don't think we could fight it in court as deed is so vague.

I'd move if you don't like it as would be risk to start a neighbour dispute as you have to declare it when you sell.

GlobalTravellerbutespeciallyBognor · 29/06/2026 21:11

BigBilly · 29/06/2026 18:39

The wording of an easement is rarely as restrictive for the user as you are suggesting. Of course if such wording exists then by all means erecting a fence one inch over that prescribed area would be allowable. More often it'll be something alon the lines of "the area marked brown on the plan is for the use of the dominant tenement and their guests at all times for all purposes without let or hindrance" basically meaning for whatever they want, whenever they want and you cannot stop them. I was hoping for something definitive written down in the deeds there wasn't, but after the court case it is now worded much more clearly for the all future custodians of that property. A very expensive lesson was learnt!

Horrendous. Poor you. Very stressful

ImAMinion · 29/06/2026 21:11

certainly not a legal expert so I’m happy to be corrected:

OP on your map, you said you were the red box - to the left side, is that a path? If so, does it go all the way to the top of your garden?

If yes, as another poster has said, can you (and I know this will cost money) rejiggle the gate and fence, so put the gate at the top and create an alleyway - I realise she will probably be stubborn about it but if you then paid for the gate at the top on her side, she wouldn’t loose access but you would get your privacy, you essentially create a path at the top of the garden.

The terraces down my road have done that - they all agreed to chop the top meter of their gardens, put up the fences with gates and then they’ve all got back access without losing any garden privacy. No one who has moved in has complained of the arrangement.

Whose responsibility is the fence on the right of your garden, ie the shared one? If it’s yours, this could work.

VisitingSanta · 29/06/2026 20:59

It's mad to me, not that this is a thing - totally get it, but that anyone actually uses it for anything other than an emergency or in a case of no other option.
I'd rather drag my bins through the house each week than drag them underneath someone else's kitchen window 😆
I've lived in houses where the only access to the garden is through the house, and it can sometimes be inconvenient, but you just live with it.

IckyIck · 29/06/2026 20:53

@CotswoldIdyll , my NDN built an extension over the easement in their garden. That's how I know about easements. It came up in the conveyancing. They'd lost their right.

godmum56 · 29/06/2026 20:51

VisitingSanta · 29/06/2026 20:51

OP, am I right in thinking you're end of terrace?
First step to check the deeds, but it doesn't seem like she'll be reasonable.
Is the fence/gate to her garden hers? I'd be tempted to move your gate to the end of your garden and essentially cut that bit off so it's like an alleyway to her garden, with her gate also at the back of her garden.
Easier said than done, and also more of a long term plan if she's not reasonable.
If you can section it off in this way you'll probably find the house easier to sell if you ever do need to sell it.

it depends what is says in the deeds

VisitingSanta · 29/06/2026 20:51

OP, am I right in thinking you're end of terrace?
First step to check the deeds, but it doesn't seem like she'll be reasonable.
Is the fence/gate to her garden hers? I'd be tempted to move your gate to the end of your garden and essentially cut that bit off so it's like an alleyway to her garden, with her gate also at the back of her garden.
Easier said than done, and also more of a long term plan if she's not reasonable.
If you can section it off in this way you'll probably find the house easier to sell if you ever do need to sell it.

CotswoldIdyll · 29/06/2026 20:49

There is a lot of incorrect advice being given here which could cause legal problems. I agree that the garden law forum is excellent for this sort of thing. When you have an easement across your property it is for the benefit of the property which has the right of way and you have no say over how much they use it. They and their visitors can walk up and down it all day if they like, provided they stick to the terms, e.g. if it’s pedestrian and pushing a bike or wheelbarrow, they can’t bring a motorcycle along it and they can’t loiter or deviate from the route onto the rest of your garden. You have allow free access so gates are tricky. Our neighbours just used it for the bins, but when they built an extension they did assume they had more access than they actually had. Our side entrance was much wider than the nominal footpath width they had access over, so we did have to remind them that they weren’t free to bring digging machinery through even though it would technically fit. It wasn’t a happy time, but ultimately the outcome was excellent as they didn’t ascertain beforehand that they had no right whatsoever to extend the route so they actually extinguished their own right of way by blocking it off with their extension.

Nothungrycat · 29/06/2026 20:40

notanotherfootballmatch · 29/06/2026 20:32

Please make sure you use the gov.uk website, copies of the register are £7.

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Apologies - you're entirely right - that'll teach me to google in a hurry!!

Gonners · 29/06/2026 20:37

So, if she would "rather die than use the front door" then I'd be encouraging that option! Seriously, though, what is her problem with using her own front door?

notanotherfootballmatch · 29/06/2026 20:32

Nothungrycat · 29/06/2026 20:22

If you can't lay your hands on your own paperwork, do look at the Land Registry, where you can pay to get a copy of the title deeds information for your property and also for your neighbour's (you don't have to own the property to get a copy of the deeds). It will cost you about £25.00 per property plus more to buy the plans for each property, but it would be very useful.

Please make sure you use the gov.uk website, copies of the register are £7.

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Get information about property and land

How to search for information about property and land in England and Wales - find out who owns it, how much was paid for it, how to get a scanned copy of the deeds and how to check the property boundaries

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Nothungrycat · 29/06/2026 20:22

If you can't lay your hands on your own paperwork, do look at the Land Registry, where you can pay to get a copy of the title deeds information for your property and also for your neighbour's (you don't have to own the property to get a copy of the deeds). It will cost you about £25.00 per property plus more to buy the plans for each property, but it would be very useful.

FudgeFudy · 29/06/2026 20:15

MyHorseAndMe · 29/06/2026 19:10

I’d sit down and have a chat with her, explain that whilst you have no issue with her or her son using this access, and she has every right to do so, but the constant traffic of cleaners, dog walkers (and presumably the dog), amazon etc is causing you problems/stress and would she mind if she could direct others to her front door

The trouble is the OP has already given us a pretty clear picture that the neighbour is an unreasonable pain in the arse ('I'd rather die than use my front door' - WTF?!). Thus it may well be that the OP's only way of resolving the problem quickly and easily is to be able to legitimately say that the neighbour doesn't have the right to do what she is doing, which is why what the deeds say is important. If the deeds do place restrictions on the right of access such that the neighbour is currently breaching them then the OP does at least have the threat of legal action if the neighbour doesn't do the decent thing. Of course, the neighbour may not care and carry on regardless in which case the OP would be faced with actually bringing legal action, and tbh I probably would rather move than go down that road. Unfortunately the neighbour's likely argument that 'I've been doing this for 40 years' does carry some weight.

Obviously the softly-softly approach is worth a go, but if it fails I think that the OP's best options are either the fence alongside the right of way plus spring-loaded gates, or (drastic as it may seem), move. There is the possibility of moving the right of way to the top of the garden but that's likely to be very costly as the neighbours would essentially be able to name their price. Lastly, and for completeness' sake, legally speaking over-using an easement is a thing but if we are talking about a general access easement here then it's very unlikely that the OP would be successful in such an action - it would be very costly and fraught with risk.

PrettyPickle · 29/06/2026 20:13

It depends entirely on what the deeds say, but from what you’ve described, your neighbour is massively over‑using the easement.

A right of way normally means a right to pass and repass when reasonably necessary, often for things like taking bins out or occasional access to the rear. It does NOT give someone the right to use your garden as their main entrance, send all their visitors and deliveries through it, or treat it like a public footpath.
Even if the easement is general, it still has to be used reasonably. Constant foot traffic, couriers, cleaners, dog walkers, and people leaving your gate open is not reasonable use and interferes with your quiet enjoyment of your own garden.
It’s definitely not a ‘public right of way’, and she doesn’t get to redefine it as one. She also has a legal obligation to contribute to maintenance of the gate, not just demand you fix it.

Check your deeds and then have a calm conversation explaining that you’re happy for them to use the access as intended, but the current level of traffic is intrusive and unsafe. You’re entitled to peaceful use of your garden, and they’re obliged to use the easement properly.

BeOchreDog · 29/06/2026 20:12

Booboobagins · 29/06/2026 19:25

They're CFS. Wtf.

The rear is not their main entrance, access via yours is not meant to be used as the main entrance. I'd ask them why they don't use the front. Suss out of there's an issue. Try to talk it through with them - dogs and children, gate being left open etc. Then hit them with the fact it's an easement not a right to use as tgeur main way in and out.

It could get nasty quickly, so try to get to know them and get them on side.

Good luck

An easement is quite literally a right of way for the dominant property (neighbour) to use the servient property (OPs).

The deeds OP provided don’t qualify its use so it can be used for any access at all to the dominant property.

BeOchreDog · 29/06/2026 20:09

The rights are for the property, not the resident. Your deeds don’t restrict the access to a particular action such as access to bins.

She would have a prescriptive easement after twenty years of utilising the access in such a manner anyway.

Rpop · 29/06/2026 20:05

Notasunshineinsight · 28/06/2026 19:41

Check the deeds. Then stop access according to the deeds. You have a right to privacy and a private life too. And it’s as you point out security. Lock on the gate would sort it.

I don’t think you’re allowed to block a private easement. But hopefully the deeds are useful….

ArtfulTaupeGoose · 29/06/2026 20:03

It seems I don't own the path. We do have a fence at the top of the garden with a gate. Our neighbour rarely uses it, we do weekly for the bin.

AIBU to object to neighbour using my garden as their main access?
SuchiRolls · 29/06/2026 20:01

We have the same situation with our neighbour and we are end terrace. He’s used it once in 8 years to whell his lawnmower through. He is the middle of 3 and has the same access the other way. He uses the other side as our youngest is autistic with zero safety awareness and he appreciates if he forgets to shut the gate and lock it, it could be catastrophic. As far as we were aware the access is for occasional access like putting bins out and large parcel deliveries etc. not just to use constantly on a Daily basis. If that was the reason for it, why would they fit a front door. Just sounds like she wants to be awkward tbh. If she has been forced to use the front door before, then clearly it’s possible. This would drive me mad!

ArtfulTaupeGoose · 29/06/2026 19:59

I had to dig my own deeds out to check the wording now it's beem brought up!
Realise yours may be different but its...
"Adjoining neighbours may pass and repass on foot or with bicycles and handcarts over and across the footpath shown yellow on the plan"
Hope that helps.

ScartlettSole · 29/06/2026 19:52

I live in a mid-terrace and when I bought my house, the solicitor made a point of clarifying that I have right of way through the neighbours at any time for access. Been here 7 years, used it once because the front door handle broke!
Delivery drivers use it so they can leave parcels round the back but as the end terrace neighbours are a retired couple they quite often take them in. They are a lovely couple and I wouldn't dream of being in and out their garden like this!

lightreflectingonwater · 29/06/2026 19:28

Booboobagins · 29/06/2026 19:25

They're CFS. Wtf.

The rear is not their main entrance, access via yours is not meant to be used as the main entrance. I'd ask them why they don't use the front. Suss out of there's an issue. Try to talk it through with them - dogs and children, gate being left open etc. Then hit them with the fact it's an easement not a right to use as tgeur main way in and out.

It could get nasty quickly, so try to get to know them and get them on side.

Good luck

Please stop advising on things you dont understand

Swipe left for the next trending thread