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AIBU?

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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:
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readingmakesmehappy · 29/06/2026 18:31

I still can’t get over her refusing to use her own front door, which surely is a faster and easier way to get into her house!

FourSevenFour · 29/06/2026 18:27

Would it be legal to lock the gate and give her a key?

Or I really liked the keypad option previous poster mentioned

Northernladdette · 29/06/2026 18:26

My BiL had this with his end terrace, though I’m not sure the traffic was as heavy as what you’re coping with. He spoke to the neighbours and pushed the fences forward so they went straight into their garden rather than through his. It worked a lot better and no problems when he sold the house.

LouiseK93 · 29/06/2026 18:22

See this is what I thought access was for and only for. Its the same for my nans.

IckyIck · 29/06/2026 18:16

@FudgeFudy , me too. My deeds say the NDN only has access to the path marked.

Here's George Clarke and the wall with the window.

76evie · 29/06/2026 18:15

GoneWithTheWind4 · 29/06/2026 14:07

Can you put a fence / hedge across your garden so their “walkway” doesn’t go through that area? That way you gain some privacy and can fence the kids / dog in. And come to view the walkway as just that?

She is taking the piss. Can you not do as this poster has suggested? You shouldn’t have to as most normal people would at most use it once a week to take the bins out but she doesn’t sound normal.

I’d look to lock the top gate and get a gate put at the bottom and fence off a walkway no wider that the gate across the bottom of the garden, that would be wide enough to drag a bin across and that can be her access.

Might cost you a bit but be worth it to have a private garden.

Khayker · 29/06/2026 18:15

Deepblueokay · 28/06/2026 19:39

It just very much seems to be a "I've lived here 40 years and I've never used my front door!" thing. That and I think she just expected me to take her BS "public right of way" thing as gospel 🙄

Check on your deeds what type of easement it is. I very much doubt it's for all and sundry to use for delivery and anything else rather than a front door. If it's a utilities easement it's just for that and any right of way easement allows access from/to a road. You have a right to privacy and family life under the Human Rights Act android children have the right to be safe on your property. I suggest see a solicitor if you can afford it and have them draft a letter to your neighbours or contact Citizens Advice.

FudgeFudy · 29/06/2026 18:05

BigBilly · 29/06/2026 17:30

I get what fudge fudy is suggesting, I'm suggesting that it is probably still not allowable by law unless agreed by both parties and drawn up officially with land registry. I have been in exactly this situation and there was no wiggle room whichever way I tried to wiggle it was a complete nightmare

I'm honestly amazed at that. If in the OP's case the easement says (for example) that the neighbour may use the first six feet from her back wall as a means of access to their property, then it's a pretty fundamental tenet of English land law that the OP can do what she likes six feet and one inch from her back wall, including putting up a fence. If that's awkward for the neighbours or any visitors they may invite onto their property then that's just tough. The only reason I can think that the OP wouldn't be able to do it is if there was also a restrictive covenant saying that she couldn't, but that would be really odd. I'm genuinely interested as to the reason you weren't allowed to put up a fence on your own land that wasn't the subject of an easement...it's so strange!

Noce · 29/06/2026 18:03

This is ridiculous.
We had a house with the same set up: the only time we ever passed through the neighbours garden was to empty bins. And all the other neighbours did us the same courtesy

Brahumbug · 29/06/2026 18:00

As per usual, there is a lot of incorrect nonsense being posted. Have you checked the wording on your neighbours deeds as well? The exact wording of the easement will tell us the rights of the dominant hereditament.

GlobalTravellerbutespeciallyBognor · 29/06/2026 17:55

lightreflectingonwater · 29/06/2026 17:53

Yes exactly that, a more extensive/intensive easement essentially

Thanks. I’m wondering about how a new P can protect him or herself. I put some suggestions (above your post) but I think you were replying at the precise moment that I replied to you.

lightreflectingonwater · 29/06/2026 17:53

GlobalTravellerbutespeciallyBognor · 29/06/2026 17:51

Thanks for raising this.
I was wondering if there were a parallel with adverse possession if the neighbour had been doing this for quite some time.
Unfortunately from what you say,
an extra easement might have developed?

Yes exactly that, a more extensive/intensive easement essentially

GlobalTravellerbutespeciallyBognor · 29/06/2026 17:53

The prescriptive easement for the more extensive use leaves any new purchasers quite exposed though, doesn’t it- how can they be expected to know what the annoying neighbour is in the habit of doing? Or does the twenty year period restart with every new P? Or does the new P get a representation from the outgoing owner as to the extent of the usage?

GlobalTravellerbutespeciallyBognor · 29/06/2026 17:51

lightreflectingonwater · 29/06/2026 14:41

Exactly

And it's not just about what the deeds say

If this lady has been using it more extensively than the deeds allowed for 20 years then she has acquired a prescriptive easement for the more extensive use.

People can be annoyed and think it rotten for op this has been settled law for a very long time

Thanks for raising this.
I was wondering if there were a parallel with adverse possession if the neighbour had been doing this for quite some time.
Unfortunately from what you say,
an extra easement might have developed?

user73 · 29/06/2026 17:50

We have a right of way for one house over part of our land. In practice other people were using it and as deliveries have become more popular use had naturally increased.

We put a keypad access with a nine digit access code on the gate and we change the gate every four weeks or so (and we notify the neighbour of the new code every single time). It's for security purposes. Sometimes we forget to change the code for a couple of days so the new code doesn't yet work but the old code still does (if you can remember that one)

Usage has dropped dramatically...

Tumbler2121 · 29/06/2026 17:47

My mother had this problem when she moved back to Scotland and bought an end of terrace house. She was assured that the way through her garden was for bins only. The people next door of course used it for everything, in particular kids and bikes.

Although the allowed use is a problem, there is also the just plain bad neighbours who enjoy annoying you.

I wonder if you could get a very heavy spring door closer, for the safety of your children and dogs, that would make it tricky for the neighbour to use regularly.

user73 · 29/06/2026 17:46

Deepblueokay · 28/06/2026 20:35

This is all I can really find.

OP where is the plan with the area shaded green. Can you post this. Your solicitor ought to have sent it to you when you bought the house. Can you also show the whole of this section including the wording above this?

lightreflectingonwater · 29/06/2026 17:44

BeingATwatItsABingThing · 29/06/2026 17:27

I know that. In my very first post on this thread, I said to check the deeds - as have so many other posters.

Checking the deeds won't necessarily suffice though. Ops neighbour could have acquired a more extensive right through long user.

BigBilly · 29/06/2026 17:30

IckyIck · 29/06/2026 15:04

@BigBilly , I think what @FudgeFudy is suggesting is putting a fence on the garden, leaving the easement accessible.

I get what fudge fudy is suggesting, I'm suggesting that it is probably still not allowable by law unless agreed by both parties and drawn up officially with land registry. I have been in exactly this situation and there was no wiggle room whichever way I tried to wiggle it was a complete nightmare

BeingATwatItsABingThing · 29/06/2026 17:27

FudgeFudy · 29/06/2026 14:27

There is a real difference between someone using the right of way to take their bins out and someone sending literally the whole world through your garden.

But this is the problem - depending on the terms of the easement there may well not be a difference. If the easement grants a general right of access for the neighbouring property over the OP's land then it can be used by anybody that needs access to the neighbouring property. The fact that there are other means of accessing the property is irrelevant, as is the fact that other people with similar set ups may only use it on bin day.

Hopefully the easement does say that only the current occupiers can use it, and only for certain purposes, but a) that would be quite unusual, and b) it still wouldn't the OP could just stick a lock on it as so many are suggesting.

I appreciate that this is not what you want to hear OP but you are not well served by people telling you what you want to hear if it is wrong.

I know that. In my very first post on this thread, I said to check the deeds - as have so many other posters.

lightreflectingonwater · 29/06/2026 16:37

Gemilo · 29/06/2026 15:37

I think if delivery people are leaving the gate open and you have small children and dogs in the garden then you are well within your rights to refuse them access. That is what a front door is for.

And your legal qualifications are....?

godmum56 · 29/06/2026 16:27

Gemilo · 29/06/2026 15:37

I think if delivery people are leaving the gate open and you have small children and dogs in the garden then you are well within your rights to refuse them access. That is what a front door is for.

No the OP will not be "well within their rights"

Gemilo · 29/06/2026 15:37

I think if delivery people are leaving the gate open and you have small children and dogs in the garden then you are well within your rights to refuse them access. That is what a front door is for.

IckyIck · 29/06/2026 15:04

@BigBilly , I think what @FudgeFudy is suggesting is putting a fence on the garden, leaving the easement accessible.

justasking111 · 29/06/2026 15:04

You can't seriously insist that no-one uses your front door because you don't have a hallway though m