Right of Access - polite to knock?

[palmtreesoliveleaves]

We live on a row of terraced houses with right of access for 3 houses through our back garden. The path runs flush against our living room's low back window, kitchen, and back door.

We've not had anyone use it until my immediate neighbours moved in a few months ago and it seems to be on a weekly basis.

I'm aware it's for maintenance/workmen/garden waste etc. It just seems excessive, no one else in the row uses it.

I know this is part and parcel of terraced living but the number of times I've got a fright when suddenly someone appears at my back window when I'm sitting in the living room is unreal. It really puts you on edge.

Plus, my back gate always gets left open, so it continues to bang until I go out and close it.

Is it too much to ask that the workmen knock before using it so I know someone will be in our garden and then I can go and close the gate afterwards? We're 1 house from the end and have used their garden 3 times in the time we've been here and have always knocked first to let them know.

We lived in a similar set up years ago, we were last but one house. It always gave me a fright someone walking past.
I wouldn’t expect a knock each time. That would be more bothersome surely, having to go and answer the door so many times?
They should make sure the gate is closed though, I’d probably have a word about that, or put a self closing device/spring on it to make sure it closes.

I think having to knock is unreasonable and would get annoying but wanting the gate is closed is not. Ask them to make sure it is closed and if that doesn’t work maybe put a please close the gate sign up. Only once a week is quite reasonable IMO, many would use it more often for putting bins out, taking the lawnmower round the front, getting bikes out or whatever. I think blinds / nets are the only answer if you want more privacy. We have one of these across our back too but it is the kitchen not the living room, we don’t shut the blinds very often but don’t go in there half naked either.

And maybe install a spring closer on the gate so it can't be left open?

I wouldn’t think to knock- just part of having right of access. The gate being left open would annoy me so either spring closure or a sign?

Yes, you need privacy screen, can buy self adhesive. I'd hate to feel surprised and over-looked.
Polite sign asking people to close the gate, failing that, self closing fitting. Annoying. I used to have this but thankfully our neighbor never used this and stored their bin elsewhere.

Using it - as much as they require.
Knocking - would annoy me.
Not shutting the gate - unacceptable (and agree, get a spring closer to solve the problem).

The only thing that's unreasonable is them not shutting the gate

They shouldn't need to knock. It's a garden with access through it, that's the nature of it so you can't expect privacy

Longer term could you move the access to the end of the garden .

If they have right of access theycan do so multiple times daily without asking/knocking

They shouldn't be using it multiple times a day as it shouldn't be excessive use and only for reasons where it's not practical to go through the house.

A self closing fixing sounds like a good idea. We're thinking of getting a dog and will need to consider something like this.

We now have the blinds at the back window permanently down, which sucks but stops the element of surprise when someone appears randomly at my window.

Unfortunately this is the risk you take if you buy or rent a property that has a right of way over your land. These ‘subservient’ properties are usually cheaper because they don’t have a private garden, whereas the ‘dominant’ properties do enjoy a private garden.
Unless there’s some specific wording in your and their deeds restricting access, your neighbours and their trades people can use their right of way as much as they want and for any reason, regardless of whether you feel their use is excessive.

Does it actually say this in the deeds? Our right of access doesn't specify that, it's broad

Is it marked on the deeds as being right by your house? If not I’d be inclined to speak to the other neighbour about making it at the bottom of your garden.

We lived in a house like this and our predecessors had gravelled the path so the old lady couldn’t get her bin round! Not saying that would achieve anything, but you can make changes.

They shouldn't be using it multiple times a day as it shouldn't be excessive use and only for reasons where it's not practical to go through the house.

Is this a rule you have made up? Or do your deeds stipulate how often and for what purposes the right of access can be used?

I’m guessing the former. So you need to adjust your expectations.

If they wanted to only use their back door and always access their house via this right of way, you’d just have to accept it. That’s the risk you take when you buy a house with a right of way through your garden.

You can speak to your neighbours about them leaving the gate open. But you most likely can’t tell them how and when to use their right of way.

You can get window film that you can affix to the lower pane to allow light in the upper pane, rather than lowering blinds.

We have used brume Decorative Film Specialists – Brume window film in the past. Easy to fit and there are videos to follow if you are unsure.

We had a terraced house with the same set up with an access path right next to the back windows. We were in a longer row, so more people and their workmen coming and going. We knew the set up when we bought the house, it wasn't a surprise.

You seem to have got used to the path being rarely used but you can't count on that, people can come and go as they need to. A self closing gate sounds a good idea.

We had plantation shutters and angled them so that we could see out but no one could see in.

I lived in one of these for a long time, different neighbours used it differently.
We used to get a surprise when one neighbour used to cut through when tipsy and couldn't work out the gate, swearing and trying climb over.
Others only used it for ladders or workmen very occasionally.

We have the same set-up. It’s not reasonable to expect people to knock. What happens if you don’t answer? They have right of access. It is very reasonable to expect them to shut the gate so I would pop round and ask about that. But unfortunately shared access is what it is, if you bought the house knowing it was a thing then you’ve unfortunately got zero grounds for complaint that they are using access they are legally entitled to.

I had an end terraced my next door neighbour used their back entrance as a main door, the path was used multiple times a day.

It never occurred to me to tell them they were using it too much 🤣

It's not a right of way, it's right of access only. The deeds stipulate this and outline examples, e.g. bins (don't have this issue as all bins in the street are in front gardens); bulky items; garden waste; workmen/maintenance etc.

I can't change where it is as the deeds outline the path as being adjacent to our house.

I had no choice but to buy this house but am fully aware of the implications of having RoA, was just hoping for some consideration from the neighbour.

I get on with my neighbour and certainly don't want to cause ructions. They could be a LOT worse, and they look after the house/garden. It's just disconcerting having people (always men) pop up randomly at my window, and irritating when the gate gets left open.

They can use it whenever they like. They don't need your permission or to let you know. I'm not sure what you are expecting.

Annoying as it is, sounds like it’s not every day. Imagine if keen cyclists moved in and they used it every day, to wheel their bikes out every morning and back through each evening to their shed.

They have a right of access to their back yard/back door. You won’t get to decide when they access either.

This is just the reality of the house you were apparently forced to buy. You are going to need to live with it.

Your next neighbours may be ‘back door’ people who only ever access their home via this access. And they’d be within their (access) rights to do so.

I think you may have solved your own problem OP. You mention you will get a dog so that should give you plenty of warning that someone is about to come through the garden. I know it’s disconcerting if someone just sort of ‘appears’ but you’ve got warning it should be less startling

We’re at the end of the terrace. I wouldn’t want to knock every time but equally I wouldn’t be using it excessively because I would be mindful of my neighbours. As others have pointed out, a self closing gate is the way to go and if you have a dog they will possibly be less likely to be in and out of there all the time.