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

And you’d have evidence she refused to pay with her complaining to the neighbours.

Rights of Way - Garden Law Discussion

I just can't understand how her right to access supercedes the security of my property

Unfortunately yes it does. A lot of the responses on the thread are from outraged people who can’t imagine that such rights exist, and we live very differently now than when many of these arrangements were created. I think maybe people who move in these days would likely treat the right of way differently than someone who’s been there for decades. That doesn’t help you though, because your neighbour isn’t doing anything wrong and it’s not incumbent upon her to consider your convenience. I found the Garden Law forum very helpful when my neighbours started trying to take liberties during their building work. They have knowledgeable people, including lawyers, rather than furious keyboard warriors and are very generous about reviewing paperwork and giving advice.

@Deepblueokay , have you looked at the actual deeds including the plans?

Does that sound like a reasonable person to you?

I reckon that the access will be something like this, where OP is dark green only. NDN and the other middle houses greeny-yellow + green +brown. Other EOT brown only.

This is only a guess.

So what?

Do you have a bit of yard outside the back of your house before the lawn part starts? If so, and this is the bit she walks across between the two gates, then I'd fence off the lawn to make an enclosed private space. Wouldn't stop the traipsing past your window, but would create a secure space for DC and dogs.
Lots of terraces are like this, with a long walkway directly behind the houses going from end to end, then each having a fenced off private lawn.

If OP looks at her NDN's deeds, there might be an easement across it too.
If there is and it's been blocked, I'd get the NDN+1 to act.

you have read that the neighboutr has said "I'd sooner die than use my front door"?

This seemingly goes beyond an easement use as she’s made it her predominant access (ignoring her own main front door). You’ve also got evidence that she’s objected to paying the maintenance cost from her increased and unacceptable benefit. Be canny - don’t position it as a ‘you pay you get access,’ rather ask her to pay for the gate lock and new slabs etc, and capture the objections.

Categorically do NOT consider giving up part of your garden for an alternative route path as that’s conceding to her right of way.

The requirement for her to pay a share acts as a built-in fairness check. If the neighbour increases their usage (for instance, by getting more deliveries), the path will wear out faster. Under the doctrine of benefit and burden, if they want to keep using the route, they must pay their agreed share of those rising repair costs. If they refuse to pay, their right to use the path can be legally blocked. Then seek legal advice to get a modification for the right to access. Keep thr paper trail.

Part A) points to reciprocity. Maybe enjoy some tours of her garden too.

The neighbour is just using her legal access which she is perfectly entitled to do. Realistically it’s the OP who is unreasonable for buying a house with a right of way when she needs a secure garden.

ah and there you have the nub........that little word "REASONABLE" If the neighbour had been reasonable, this thread would not exist.

no the bit where people have said that whether or not you can fence off a path depends on the terms of the easement.

Please let us know what you decide to do and how you get on.

My thoughts -
If the gate is left unlocked day and night, then the back of your property is not secure. This would worry me. Anyone could walk in off the street and take anything out of your garden if they so wished. The neighbour is being incredibly selfish to not consider this.

A bolt on the back of the gate would secure it from the inside and wouldn't stop her getting out. I can't see why any reasonable human being wouldn't agree to this. She could come out and unlock it to let people in (if she must!)

A key that both of you could use to get in and out would also keep it secure. Again, I can't see why any reasonable human being wouldn't agree.

House insurance - would it affect your house insurance in any way if (god forbid) you were burgled and the back garden was how they got in?

As someone said upthread, did you mention something about previous owners tried to do something about it and it didn't go down well? This suggests a dispute that may not have been mentioned at any point during the sale. Worth asking about this.

I would definitely be making an enquiry with the conveyancing team to see if there's any restrictions on what the easement can be used for. Or take some legal advice (often a free helpline with your home insurance) and find out what you can do whilst staying within the terms if the easement.

I'd be bolting it at night at the very least - she can get up and unlock it in the morning if she's that bothered. Tell her you thought someone was in your garden, or tell her you're worried being on your own, does she have a better nature that you can appeal to, or is she just entirely selfish?

The bit where op said she didn’t want to din this because it would make her garden smaller? I’d take that over drama and having strangers in the garden with my kids?

It’s irrelevant to the OP, the fact is that the neighbour with the easement has every right to use it however she wishes within the terms, and her preference for using her back door is none of the OPs business. The OP cannot legally impede access along the right of way and her dogs and children are her own problem which she should have considered before buying the property. Based on a lot of the responses here most people have no idea how easements work and would assume it would be something they could sort out after purchase. It isn’t. There’s no point getting all irate about it, all you can do is stick to the terms as written.

Hope this helps:
'blocking your front door can invalidate your home insurance, as insurers require your property to be kept secure and accessible for emergencies. If a fire or break-in occurs and the door is blocked, your claim will likely be denied due to "failure to take reasonable care" or obstruction. 1, 2, 3, 4, 5]

Why it invalidates your insurance
Failure to Secure: Insurance policies mandate that you keep all external doors properly locked and secured. If a burglar breaks in and the door couldn't be properly secured, the claim will be rejected. 1, 2, 3, 4]
Fire Safety Restrictions: Blocking an exit route is a major safety hazard. If a fire occurs and insurers find that a blocked or barricaded front door caused injuries or prevented emergency services from gaining access, the payout will typically be voided. 1, 2]
Unapproved Modifications: If you block or alter the door in a way that modifies its structural integrity or certification (such as blocking a certified FD30 fire door), the policy can be voided. 1, 2]

What you should do instead
To maintain valid coverage, always ensure your front door is fully operational, closed, locked, and completely clear of debris, furniture, or heavy decorations. If you have added additional security devices, make sure your insurer has been notified to avoid any breaches in your policy's fine print.

have you RTFT?

Yes, but if this gets legs on and a lawyer gets involved, its best to show you have been reasonable and tried to solve it amicably surely?

I have nothing to add that hadn’t been said but I am now fully invested in this thread. Good luck OP. Bad neighbours are the worst.

I used to used the back door too, but the gate went straight out on to the public area but not through someone else's garden.

I am Northern too and wouldn't dream of using that type of access except for necessities as I wouldn't like it either and its not the way things are done here.

The point is that is the person she purchased the house from had a similar issue which she tried to address, it should have been mentioned in the sale, along with any neighbour dispute and it wasn't, if it was the person she bought from of course and not a prior owner.

Maybe the previous owner saw nothing wrong with it.

My husband is northern. Even though it is quicker to leave the house by the front door, he will always use the back door. We amuse each other with our preferences.

He will walk across the back garden, along the path that runs behind the terraces, down the side of the houses and then turn right for the shop. Whereas I will walk through the front door, across the much smaller tiny front garden, turn right along the front of the houses and keep going to the shop.