Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

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:
WormEater · 21/10/2022 18:41

Our neighbours have rights of access for bins etc. We also have dogs and free roaming animals and although the neighbours are fine, I prefer them not coming through, so I just make a point of putting their bins out for them each week. It's no real trouble as I'm moving mine at the same time. Neighbours love me because they don't have to do their own bins. Win win situation all round!

Whinge · 21/10/2022 18:42

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.

This is a good point. If the solicitor didn't notice then it might not actually be an official right of way. If they only have access because of the previous neighbour then you have an easy solution to the problem.

burnoutbabe · 21/10/2022 18:56

Yes surely it's very obvious on the deeds /generally a big red line across your garden?

If not noticed by your solicitor that is negligence!

But you did say you knew of it pre purchase so why not discuss it with solicitor then?

Ohsugarhoneyicetea · 21/10/2022 18:58

Check your title deed, its usually quite specific what the easement is for, who can use it, what for and how. Right of way has less privileges and more required conduct for instance, than right of access.

tandmoo · 21/10/2022 19:09

My advice is to never buy anything with a right of access or shared driveway etc

bellac11 · 21/10/2022 19:10

I would be reluctant to stay to be honest. If you sell now then you wont be so far down the road of complaints or disputes with the neighbours

I wouldnt personally buy a property with shared anything, no shared drives, no shared access or garden entrances.

FistFullOfRegrets · 21/10/2022 19:10

You need to check your deeds. This weekend! If they don't have legal access, get it stopped, if they do make yourself fully aware of what they're allowed to do and NOT allowed to do.

BrieAndChilli · 21/10/2022 19:13

Is there scope to make the access at the very end of your garden so you can fence that bit off?

NotTodayPal · 21/10/2022 19:14

  1. Checking in for the diagram

  2. I don’t believe for a second your solicitor would have failed to spot it, which makes me think it doesn’t exist. Download your title plan and deeds from Land registry for £3.50 each and find out what it says.

User38899953 · 21/10/2022 19:21

NotTodayPal · 21/10/2022 19:14

  1. Checking in for the diagram

  2. I don’t believe for a second your solicitor would have failed to spot it, which makes me think it doesn’t exist. Download your title plan and deeds from Land registry for £3.50 each and find out what it says.

Agree with this. It's not the sort of thing (even shit solicitors) fail to spot. It maybe that the previous owners, or the owners before them had a gentleman's agreement about and has become standard.

ZeldaWillTellYourFortune · 21/10/2022 19:21

Why are they going through for anything other than bins?!

Spectre8 · 21/10/2022 19:54

If its not in your deeds its not legal. Better stop it now after 10yrs they can claim access forever more some legal wording I can't remember what its called but they can.

I have this with house opposite me they dont have legal access to the alley at the back its just access for me and neighbour next to me but a gate was put in. I make it clear to all new homeowners that just because a gate is there that doesn't mean they have access rights.

Devist · 21/10/2022 19:57

Our neighbours have access across our property, it’s their only access to theirs, so that includes vehicles. We have it fenced off, as a gravelled lane that’s not gated and is where we park our cars too. We don’t really even think of it as our property - helped by them being happy to pay half for recent costly repairs. We have a large garden apart from that, so it’s not really an issue for us, probably more so for them if we ever sold to someone who had a different attitude towards it, as we’re always careful not to obstruct their access, although it occasionally happens if we have a large delivery as there’s no on-street parking.

GettingItOutThere · 21/10/2022 20:06

whats their rights? also diagram required, not happy to be giving advice without. You know the rules OP ;)

chicken wire and posts will be under £100 for the lot but i would put a proper fence in and keep them to one side of the garden really. Keep everyone safer too.

Grumpybutfunny · 21/10/2022 20:54

A white picket fence might be a good idea

Brahumbug · 21/10/2022 21:31

There is a lot of nonsense being spouted on this thread about what the neighbours can and can not do. Until you have checked the deeds then it is all speculation. You need to check your deeds and the deeds of the neighbour. You can download them from the man registry. How old is the property? A right of way across the back of the property is quite common on old properties. If there is nothing on the deeds then there could be a right of way by prescription, but that would have to be proved by the neighbour. If You are not obstructing the right of way then they have nothing to complain about. Whilst on your property they absolutely should have their dogs under control.

Lovemelovemydoggie · 21/10/2022 21:35

Check your deeds as others have said. I would question whether they have the right to bring their animals on to your land.

bellac11 · 21/10/2022 22:17

People are investing a lot of faith in the deeds, quite often they are hugely vague without proper markings on them so no one is any the wiser

Jimmyneutronsforehead · 21/10/2022 22:51

Check your deeds as others have said but please draw a diagram anyway because I'm unapologetically nosey for a diagram

Brahumbug · 22/10/2022 14:50

Land registry not man registry!

TheWeeDonkeyFella · 22/10/2022 20:14

Brahumbug · 22/10/2022 14:50

Land registry not man registry!

that's a shame, I love the thought of a man registry!! 😁

Brahumbug · 23/10/2022 06:44

TheWeeDonkeyFella · 22/10/2022 20:14

that's a shame, I love the thought of a man registry!! 😁

Show quote history

I don't know how autocorrect got man from land!😁

Myunclesmustache · 23/10/2022 06:51

OP, This sort of issue should have been flagged up by the solicitor when you bought the place.

IMO you need legal advice before it escalates.

yerdaindicatesonbends · 23/10/2022 07:08

Spectre8 · 21/10/2022 19:54

If its not in your deeds its not legal. Better stop it now after 10yrs they can claim access forever more some legal wording I can't remember what its called but they can.

I have this with house opposite me they dont have legal access to the alley at the back its just access for me and neighbour next to me but a gate was put in. I make it clear to all new homeowners that just because a gate is there that doesn't mean they have access rights.

I feel like I need you to explain your alley situation further because I can’t for the life of me figure out why a neighbour across from you would put a gate on it!?! Did I read that right? Lol

00100001 · 23/10/2022 07:18

Hmmm seems like they CF