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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:
Campervangirl · 23/10/2022 08:24

Cattytabby · 21/10/2022 15:35

Diagram or the dog gets the bunny

😂 hilarious 😂

Myunclesmustache · 23/10/2022 18:29

@Spectre8
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.

It's called an 'easement'

www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/private-rights-of-way.asp

Movinghouseatlast · 23/10/2022 18:40

A lot of tripe being spouted here.

Look at your deeds and their deeds. It may only be on one set of deeds. However even if only on theirs it is still legal- this is why the solicitor may have missed it if it's on their deeds only.

I had the situation myself. Look on gov.uk for the law on easements. Also post on the Garden Law forum for advice.

Mapleapple · 23/10/2022 18:51

Movinghouseatlast · 23/10/2022 18:40

A lot of tripe being spouted here.

Look at your deeds and their deeds. It may only be on one set of deeds. However even if only on theirs it is still legal- this is why the solicitor may have missed it if it's on their deeds only.

I had the situation myself. Look on gov.uk for the law on easements. Also post on the Garden Law forum for advice.

I had this too, we spotted a connecting gate in the garden (the sellers had tried to conceal with a large potted plant!). Looked at the next door’s deeds and there was a right of access. We didn’t buy the house.

Madlollyoftheshire · 23/10/2022 19:43

If there’s nothing in the deeds about it the neighbour may still be able to claim a prescriptive right of way through your garden, but only if the access has been used FOR 20 YEARS AND WITHOUT THE PERMISSION OF THE LANDOWNER. It may be that your vendor (the previous landowner) gave them permission, in which case you need proof of that so they cannot claim a right of way by prescription. If they had permission you need to get your vendor to sign a Declaration confirming that so they can’t ever claim and you can block off their access. Good luck, it’s shit. Been there, got the tee shirt!

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