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

Our first house was a bit like this - mid-terrace where there were actually pretty decent front gardens, but a path immediately at the back that everybody used as access (nobody ever used their front doors for anything), then the back garden proper. Tbh it was never a problem at all, I actually quite liked it as it meant we talked to our neighbours a lot more than we would otherwise. Quite a few people did put a fence and gate parallel to the path in order to properly separate their garden which worked fine - I don't quite understand why that wouldn't work here.

I’m not sure it’s that sheltered, just different areas. I lived in a house like that but there was an alley running along the back with individual gates to each garden. No one had to go through anything belonging to someone else.
Or someone could have only ever lived in flats, and not been aware of the specific access rules for the back of some terraces they’ve maybe never been into.

No because the OP's neighbour is using it as a public right of way.

(There are reasons but the easement through my property can't be used - NDN's fault - and has fallen from use so it's not a problem.)

We have access across the back of the neighbour’s houses. Actually we have a garage so could bring our cars round but only bother if they need a clean. The whole road is the same and a few houses in each set don’t use their front doors. We go out that way with the dogs and the postie sometimes uses the front and sometimes the back. We just have access- but access for bins. It’s not unusual in this northern town and it’s the for some back to backs just like it is for the £800,000+ mansions who still have shared rear access!

It does sound like you could have a claim excessive user. One thing to bear in mind is that easements can be acquired by prescription (long usage). So if it has been used by the neighbours (and their visitors) in this fashion for over 20 years then they may have acquired legal rights to do so.

The simplest solution would be to use fencing to maintain your privacy but if that is not possible then seek legal advice.

I hope you can get something sorted. It's one of the many neighbour scenarios where if they weren't taking the mick, you wouldn't be looking at 'options'.

As with any neighbour issue, keep a log...

So that means they can choose to use your back garden any amount of times they want as long as they’re accessing their house? Ie they’re not just allowed to wander round your garden for shits and giggles and loiter? 🤷‍♀️. But they could use it like the OP’s neighbours are.

Gosh that would drive me mad. Check your deeds to see if there is any restrictions. However there is also nothing to stop you from fitting a lock to the gate so long as you provide her a key. She can make copies and give them out to some but every delivery driver etc won’t have a copy.

You've lived a sheltered life. Have you never seen terraced houses with front doors that open straight to the pavement? How do you think people access their back doors?

Ditto.

Access only to the property on the easement only and for access if needed to utilities.
Can't remember the exact wording but basically for the occupier and water company.
Occupier in theory could use it as and when.

We are in the same position and the neighbour has access, the wording in the documents states they have access for putting their bins out and for when they do works at the back, can’t remember the exact wording but it does specify that is for these reasons.

Our neighbours that were here when we first moved in used to use the path through our garden regularly, it seemed they wanted to make some sort of point, but the new ones are more respectful and use it only when they need to. We obviously don’t mind that as there is a right of way for them but it would be obnoxious for them to just use their back door for no good reason. I’m sorry your neighbour is so unreasonable, yanbu

edited for spelling

Yeah so all different. What are your restrictions?

You probably are privileged enough to live in a bigger house with easy access from the front

Go to the land registry website yourself, register and access your title documents for a very small fee. Read the easement and share it on the legal board. It does sound like her use is excessive. However I am a bit concerned that she may try to argue she has additional rights because of the way she has used it for so long and you could be drawn into a legal battle, but I’m not a property lawyer. However this is a good reason to try to nip her use in the bud now rather than let the situation drag on.

If the neighbour has access, that doesn't mean that all their visitors can have access

im not sure that’s right. Ime the deeds just say “there is right of access across the backyard of Number 1 for numbers, xyz.”. Never seen deeds which say “for the owner/occupier only”. 🤷‍♀️

I also don’t think there’s any such thing as excessive use.

years ago I went to view a property like this and while we were there the neighbour walked through the back garden right by the kitchen window. From the overgrown front door next door it seemed obvious they never use the front door. We didn’t buy it mainly because of this.

Back door preference seems to be a thing round here (sounds rude 😆). Neither of my next door neighbours use their front door, thankfully they’re not allowed in my garden

seems a shame the solicitor didn’t point this out to you.

can you get a self closing hinge fitted to the gate? Hopefully would swing shut then and it’s one less thing to worry about. If allowed I’d also do the padlock thing and say it’s for your security as worried about being burgled. Obviously you’d have to give her a key. I suspect she’d just unlock it all the time and “lose” the padlock. 🤷‍♀️

Omg I have NEVER heard of this as a thing! People walking into your garden as they wish? Wtf how is that even legal? And why have i never hard of this before? Ive heard of a shared driveway but thats it!

So this is really clever. Obviously all needs checking out both legally and insurance-wise. But really clever.

That's yours. There's an easement across my property and there are restrictions.

If it's a usual easement then there is no limit on how often it can be used or by whom as long as they are going to the house. There is no such thing as overuse. And your neighbour was right about mending the gate- legally you, as the owner, are obliged to keep the right of way clear and accessable at all times.

I had one of these and thankfully I bought the easement from my neighbour. It's utterly ridiculous of course- the intention behind them was just for bins or accessing shared outhouses and toilets.

All the rules are laid out on gov UK and there is a great website called Garden Law which explains it all

This.
Check it out.
Don't hesitate to contact your local police force and ask is there a community police officer if you feel harrassed by them.
They are treating it like a public highway...definitely worth checking out.

I don't know if it has already been mentioned, but OP can get copies of the deeds for a few quid.

OP, apply for your deeds asap.

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

You might want to consider they have blocked off the front door entirely (as in arranged the furniture in such a way that makes using the front door near impossible). I think they are selfish and abusing the meaning of the access - it’s for bins and such like. But as they do it, they likely don’t care and you have to consider if this is a hill you want to die on.

Well whatever it is, it's unlikely to be a "public right of way". That title is reserved for footpaths/bridleways etc which appear on the definitive map and are able to be used by all the public.
As others have said, the terms of access should be in the deeds. My DS lives in a terrace where, thankfully he's at the 'good' end. He only uses the access across 3 other gardens when he has dirty rubble from garden/DIY works to get out to the front. Technically he could take his wheely bins out that way but it's easier for him to keep those at the front (they're hidden from road view by a hedge). Other than that he accesses his house via the front.
Our previous house also had this arrangement but again we only used it to put bins out.
I don't think your neighbour should be inviting all and sundry to use that route.