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Neighbours with access through our garden....

96 replies

Ishacoco · 10/07/2022 12:26

We've only just moved and they're ghastly. Moaning about everything from where we park our cars, to what time our gates get closed, to when we draw our curtains - you get the idea.

Now, they have pedestrian access through our garden from the back door of theirs through ours, to the street. They use this to take their bins through, wheelbarrows, etc.

My question is - does having pedestrian access mean they're allowed to do this? Or is it literally supposed to be them walking through the garden? I'm only curious because they seem to be using it as a chance to be nosy and scowl at us if we're in the garden. It's a real pain!

OP posts:
RelaxTheCacks · 10/07/2022 13:13

Keep looking, there is nothing worse than bad neighbours, to be honest I would be gone solely on the lack of privacy.
I hope you find your Home soon.

LMS123 · 10/07/2022 13:22

Definitely check access. I once rented near a train station, an elderly neighbour converted part of her back garden into a parking space for her daughter who lived elsewhere. Her daughter had to drive across the parking for our flats to access this meaning we'd have lost our parking if we'd permitted this. CF tried to claim she had right of way when she didn't. She stopped her shinanigans swiftly when I printed off the relevant paperwork and put it through her door.

greenacrylicpaint · 10/07/2022 13:27

well, now you know why it wasn't selling...

if you are still keen, download the deeds of your house and the neighbour's and check whst it says wrt access right.

but tbh, I would look for another place, unless this one comes with a price so low it would counter the 'inconvenience' of shit neighbours.

DeePlume · 10/07/2022 13:28

It's £3 to download the deeds. Definitely check them as my neighbour has a right of access but the deeds specifically state that it's at my convenience and she must ask my permission. We have an agreement that she can use it as she needs to though as she's not batshit like your neighbours seem to be!

starfishmummy · 10/07/2022 14:20

WeAreTheHeroes · 10/07/2022 12:40

You can fence the path off from your garden if that gives you more privacy, or plant shrubs as a hedge. That way they still have their access, but you can limit the interaction with them.

Depends on the route of the path. The path across a relatives garden ran diagonally across it. They had to get all the covenant holders to agree to them changing the route - and getting it all drawn up by a solicitor- so they could do this.

Wonnle · 10/07/2022 14:21

Ah but do they have these rights they say they have ?

Probably tying it on i'd say

Floraanddougal · 10/07/2022 14:22

I’d also speak to the landlord op. This is just a rental, he or she will not want you entering into neighbour disputes. So as well as the deeds of the house, it’s important to do as the landlord has agreed, or leave.

Zazdar · 10/07/2022 14:22

I know some terraces have you walk straight through the middle. Which is it?

With mine, the path went up the side of my house and along the back of my house past the back door and kitchen window.

Wonnle · 10/07/2022 14:23

DeePlume · 10/07/2022 13:28

It's £3 to download the deeds. Definitely check them as my neighbour has a right of access but the deeds specifically state that it's at my convenience and she must ask my permission. We have an agreement that she can use it as she needs to though as she's not batshit like your neighbours seem to be!

Can you download deeds to someone else's property then ?

Shehasadiamondinthesky · 10/07/2022 14:24

Why on earth would anyone object to your curtains being open or closed??? Unless you go nude at home or have the coven round a lot.

greenacrylicpaint · 10/07/2022 14:28

Can you download deeds to someone else's property then ?

yes, anyone can. as long as the property is registered it's public information.

Stompythedinosaur · 10/07/2022 14:30

Moving bins and wheelbarrows are both within pedestrian access.

Agree with pp about knowing the terms of their access.

Have you tried asking them to stop commenting of your things?

Movinghouseatlast · 10/07/2022 14:55

Wonnle · 10/07/2022 14:23

Can you download deeds to someone else's property then ?

Yes you can

oceanwavesbyebye · 10/07/2022 16:05

Skye85 · Today 13:01 I'm sure my mother looked into this years ago as we had similar issues with neighbours. She moved where the gate access was, away from our kitchen to the bottom of the garden. Think the deeds stipulated that we needed to grant access for bins etc, but didn't specify where in the garden the access needed to be given iyswim.

This is good OP! Can you move where the access point is and put up a fence or something to block your property from their view?

Wonnle · 10/07/2022 16:10

As she's only renting it's nowt to do with her

oceanwavesbyebye · 10/07/2022 16:16

It could be if she's considering buying the house.

godmum56 · 10/07/2022 16:21

you can of course check it yourself but at this stage I'd be going back to the landlord. Can I ask who told you that they have right of way? Its not unknown for people to tell porkies about such things.

godmum56 · 10/07/2022 16:22

oh and I would NOT be buying!

balalake · 10/07/2022 16:24

Check the deeds. Tell the person you are renting off that you should have been warned about the difficult neighbours, and ask for the rent to be reduced.

Cherrysoup · 10/07/2022 16:43

Check the deeds via the owner. However, if the neighbours have been using this access for some years, you may find they have established a right of way even if it isn’t on the deeds. Definitely speak to the landlord re the neighbours being painful.

TheHumanExperience · 10/07/2022 17:04

I'd have a camera up pronto. Keeping a log of just how much they use this access.

Could you not somehow block or screen this area off so it wakes an ally-type access for them. This way they won't see into your garden when they pass through it.

billy1966 · 10/07/2022 17:22

Skye85 · 10/07/2022 13:01

I'm sure my mother looked into this years ago as we had similar issues with neighbours.

She moved where the gate access was, away from our kitchen to the bottom of the garden.

Think the deeds stipulated that we needed to grant access for bins etc, but didn't specify where in the garden the access needed to be given iyswim.

Good suggestion.

How dishonest of the owner not to tell you.

You are being harrassed by them.

Lodge it with the police.

Any future buyer can then check out if there are issues with police.

Leftbutcameback · 10/07/2022 17:23

If it wasn't pointed out to you before how do you know they have a right of way - is it because they told you. Get the title asap and check the wording. It's unlikely to be a RoW for all purposes so check the limitations and enforce them. Likely to be for bins, may not extend to gardening equipment.

A PP suggested they might have acquired to RoW through prescription. This is tricky to do, as there are a number of requirements, not just through long usage, but best to get the information on the title asap so you are fully armed with the facts.

Also great idea to rent first - definitely bottoms out any issued such as this.

billy1966 · 10/07/2022 17:28

Also OP, is there any chance these neighbours could want to buy for a reduced price for a family member?

Driving potential buyers away could be very successful in this regard.

Ishacoco · 10/07/2022 23:41

Thanks for all the suggestions! I've never had bad neighbours before (despite living next to my now ex-in-laws!).

I've just remembered something else - the access is through our driveway which means we can't park on it. The tenancy agreement states that we have the right to park at/on the property. I parked my car there to unload stuff the day we moved and they were straight round to complain - we moved the car within 20 mins - but they were still on the phone to the letting agents to complain about us that same morning! Honestly, it's such a lovely house but these people are making me think that we can't live here long term.

OP posts: