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Original poster

Fucking neighbours and their right of access

80 replies

nannyquestion1 · 21/10/2022 15:20

They're driving me mad! They have a right of access through our garden to the street. Endless complaints about gates being shut (not locked, they have a key anyway), the dog barking at them (from inside the house!) when they walk past, the gravel being too deep to drag their bins over (volume hasn't changed in the year that we've been here) and various other minor things. The latest one is they're not happy with our rabbits running free - apparently they don't like having to make sure they're contained as they come through the garden, which involves opening and shutting a gate - and they can't bring their dogs through when the rabbits are there. The rabbits have been there for a year and are in a run 95% of the time. If the dogs are coming through they should be on a lead anyway.

Their access path is kept totally clear, there is never anything blocking it, they can use it 24 hours a day if they wish!

Does anyone have any advice about this situation? I understand they have a right of access but I don't think they have a right to dictate what we do and don't do in OUR GARDEN. Which I should mention is quite large so plenty of space for the rabbits to occupy, it's not like they're confined to the strip of land the neighbours access.

What are the rules about giving a right of access??

OP posts:
HangerLaneGyratorySystem · 21/10/2022 16:36

I hope you're getting a biro as we type OP, we need a diagram. But first off I particularly liked the suggestion above that access is only for bins and possibly some types of deliveries, its not meant for them to pop in and out with their dogs surely?

WireSkills · 21/10/2022 16:39

Definitely check the legal situation. If they're only supposed to use it to take the bins out or for access for maintenance, they shouldn't be using it as a free-for-all to take the dog for a walk.

It's a right of access, not a right of use!

Otherwise, I agree with PP's, for the protection of your own bunnies at least, I would suggest fencing it off if possible, without making it look like you're giving up a chunk of your garden.

Rebelmcstreettuff · 21/10/2022 16:44

PIL'S had this.
Kids,bikes,dogs every other minute trapsing through the garden looking in their patio doors being nosy.
No privacy.
In the end they used some of their garden to give access round the outside of their garden.
Neighbour complained to the council who inspected it and deemed it perfectly OK

Epicstorm · 21/10/2022 17:13

I feel for you. The neighbour from hell had access past my first house and it was a nightmare. I’d definitely fence it off if possible. I moved as soon as I could because he was an absolute pig. He allowed his dog to chase and kill my cat. I realise that it’s not always possible to move but shared access is a deal breaker for me now.

TheUsualChaos · 21/10/2022 17:18

Yes my first thought was fence it off in some way but appreciate without knowing the layout I have no idea what sort of undertaking this would be to do.

Their complaints sound very unreasonable.

WizardOfUK · 21/10/2022 17:22

I'd fence it off, put patio slabs down for the bins and put a small picket fence where they can walk, that way the rabbits are slightly more contained. I would however tell them the dogs should always be on a lead. As for them telling you what to do, no they shouldn't be and have no right to as long as it's not blocked. Farmers don't contain livestock in fields where there's a footpath, it's a right of way, you own the land

Right if access is a monumental pain in the arse

Soontobe60 · 21/10/2022 17:24

The only issue I’d say needs dealing with is the gravel. They are finding it difficult to move the bins. Are they elderly / disabled? Walking on uneven surface can be challenging for some people. Perhaps offer to move their bins for them?

StrataZon · 21/10/2022 17:26

Are they allowed access with their animals or just humans?

SilentHedges · 21/10/2022 17:26

Fence it off.

OP, my takeaway from this is what a wonderful time your rabbits are having, free roaming, as they are intended to 😀

SeaToSki · 21/10/2022 17:27

Does the right of access have a specific location mentioned on the deeds, or is it just generally across your property? If its generally, I would move the gates to as far away from your house as possible while still connecting their land with whatever they have to have access to, and then fence it off to the exact width specified.

MassiveSalad22 · 21/10/2022 17:28

Doesn’t really sound like a fence is going to solve the problem as her problem is the minor complaints which seem to be about what would end up being the path anyway. SO annoying though OP would drive me to distraction for sure.

OldEnoughToHaveReadBunty · 21/10/2022 17:30

DH used to live in an old terraced house with a right of access through his neighbours garden, but, as others have said - only for essential access (bins, maintenance, window cleaner etc).

For any other purpose he used the front door.

MinnieMountain · 21/10/2022 17:47

If it’s anything like the ones I see at work, it will just be “the right to use the path coloured X on foot”. You’re only obliged to not block it OP.

MzHz · 21/10/2022 17:56

Honestly, if you know access is granted, and they’re just whinging over nothing, ignore them.

broken record “the access is there as it’s always been.” And shut door etc

BreatheAndFocus · 21/10/2022 18:01

I’m another one who thought it meant necessary access only, not a path to traipse up and down all day. Why are they bringing their dogs down it? They should use their front door. The right of access to the back is only to stop people having to carry bins through their house to put them out, or if they have fencing delivered for their back garden.

Check your deeds carefully.

XanaduKira · 21/10/2022 18:05

BreatheAndFocus · 21/10/2022 18:01

I’m another one who thought it meant necessary access only, not a path to traipse up and down all day. Why are they bringing their dogs down it? They should use their front door. The right of access to the back is only to stop people having to carry bins through their house to put them out, or if they have fencing delivered for their back garden.

Check your deeds carefully.

Yes - agree with this also!

Original poster
nannyquestion1 · 21/10/2022 18:25

Soontobe60 · 21/10/2022 17:24

The only issue I’d say needs dealing with is the gravel. They are finding it difficult to move the bins. Are they elderly / disabled? Walking on uneven surface can be challenging for some people. Perhaps offer to move their bins for them?

No, they are a fit, young couple with zero mobility problems!

OP posts:
Original poster
nannyquestion1 · 21/10/2022 18:26

SilentHedges · 21/10/2022 17:26

Fence it off.

OP, my takeaway from this is what a wonderful time your rabbits are having, free roaming, as they are intended to 😀

Oh the rabbits are having a lovely time, blissfully unaware 😂

OP posts:
AgathaMystery · 21/10/2022 18:28

I’m here for the diagram!

Original poster
nannyquestion1 · 21/10/2022 18:30

Thanks everyone!

Fencing it off could be a solution. You're all going to collectively shout at me but our solicitor didn't even spot that they had a right of way through the garden. The previous owner mentioned it one day, thinking that we knew. By that point we were so far along the purchase process that we decided not to pull out, it didn't seem like such a big deal..... now I know very differently!!!

Will do a diagram.

OP posts:
XanaduKira · 21/10/2022 18:34

You can still go back to your solicitor for them to confirm exactly what their rights are surely though @nannyquestion1 ?

HundredMilesAnHour · 21/10/2022 18:34

nannyquestion1 · 21/10/2022 18:30

Thanks everyone!

Fencing it off could be a solution. You're all going to collectively shout at me but our solicitor didn't even spot that they had a right of way through the garden. The previous owner mentioned it one day, thinking that we knew. By that point we were so far along the purchase process that we decided not to pull out, it didn't seem like such a big deal..... now I know very differently!!!

Will do a diagram.

And you've checked that legally they do actually have a right of access??? Is this an incompetent solicitor or neighbours pulling a fast one?

DisforDarkChocolate · 21/10/2022 18:37

I'd definitely be getting some legal advice. Right of access generally doesn't mean nipping through your garden every time they walk their dog. It's for deliveries, bins etc.

Muminabun · 21/10/2022 18:38

Their right of way may not be legal. It may be a private agreement with the last owner or just a custom and practice and not legally enforceable. It may be for bins only etc. I would really look into this. Your solicitor may not have noticed as it simply does not exist.

DialSquare · 21/10/2022 18:41

Could you use a few of these to block part if it off?

Fucking neighbours and their right of access