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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think a right of access across a garden is a defined path not a free-for-all?

37 replies

JamPasty · 17/07/2017 16:07

Posting to see if I am about to be unreasonable! Our neighbour (nice lady) has a right to access through our garden to hers. Old terraced houses and I assume this was to allow the coal to be delivered. On our deeds the access is shown as a line straight across one end of our garden, along the bit that is concreted. Our gardens are fenced but no fence over the access path. I'm quite happy for her to use this path. However, she's built a shed in her garden that blocks the path on her side. Again, fine with me - her garden, her access (or lack of now) and her shed. However, she is now planning to move some furniture (lots) through the access. Except she can't as she blocked it. If she asks can she instead take the stuff over my garden by another route (which would be through flower beds and over the lawn) am I allowed to say no as the access is that specific path down the concrete, or does she have a right to get through my garden by whatever route she chooses? Really don't want to sour neighbourly relations as she is lovely, but also don't want squished flower beds. Thanks!

OP posts:

Penny4UrThoughts · 17/07/2017 16:12

I would say no. She blocked her own access, that's not your problem.

Saying yes will start a precedent and she will probably stop asking and just assume it's ok.

Trollspoopglitter · 17/07/2017 16:14

No, because she will start using it as the regular access path.

Original poster

JamPasty · 17/07/2017 16:15

Thank you - that's what I was hoping! I wouldn't mind if it was one or two things, but it's going to be enough stuff to thoroughly squash anything it travels over unless concrete.

OP posts:

Trollspoopglitter · 17/07/2017 16:17

Imagine when she moves out - you would have two lots of house unloaded and reloaded (when new owners move in) through your garden. And what if new owners have a dog and a pram they need to get round the back.. Again through the footpath they were told they can legally access.

JacquesHammer · 17/07/2017 16:17

No - the right of access is the defined access not just any random method over your garden.

The whole point of access points being like they are in many terraces was to make them easy to use without inconveniencing people.

She has blocked it, her issue I am afraid

665TheNeighbourOfTheBeast · 17/07/2017 16:18

You are completely right.
(Quickly followed by 200 posts saying "yes but be nice")

And it will set a precedence..shortly followed by a new gate..oh and a few slabs so it's not muddy for the Winter
You will end up with her dictating how your garden can look and can be used..not on.

665TheNeighbourOfTheBeast · 17/07/2017 16:19

**She will end up dictating..not you sigh

Original poster

JamPasty · 17/07/2017 16:19

Thank you all!

OP posts:

requestingsunshine · 17/07/2017 16:20

If it's a one off I'd let her. It sounds like a one off.

Glumglowworm · 17/07/2017 16:21

Say no, she has chosen to block her point of access and any other access points will cause damage to your garden. Yes it's nice to be nice but not when it causes damage to your property and potentially sets a precedent that you (sensibly) want to avoid.

ElspethFlashman · 17/07/2017 16:21

Don't even think about it. Say sadly it must be just over the ROW defined on the map.

We have a ROW too. one of the reasons we're moving tbh. Massively intrusive.

TheHiphopopotamus · 17/07/2017 16:24

Don't do it! Say no.

How does she get her wheelie bin out though?

UrsulaPandress · 17/07/2017 16:27

How wil she access her garden then? Climb over the fence?

Say no.

Original poster

JamPasty · 17/07/2017 16:28

If it was just one sofa I would indeed say yes. It's way more than that though. Wheelie bin lives out in the front yard, like ours - we're a classy bunch :)

OP posts:

GeorgeTheHamster · 17/07/2017 16:30

She needs to move her shed. What was she thinking?

FadedRed · 17/07/2017 16:33

How does she get in and out of her house? Abseils down from a hovering helicopter? Parachutes in?
Presumably she has a front door. She can move her stuff through that. Or move the shed.

Bluntness100 · 17/07/2017 16:38

Does she have another route to do it?

I'd say yes to be fair as its a one off. Maybe tell her you're worried about damage and see if she offers to pay for anything damaged in the flower bed.

MikeUniformMike · 17/07/2017 16:38

Say No. She needs to move her shed.

Jaxhog · 17/07/2017 16:39

No Way! Especially if your garden would get damaged in the process. Her furniture goes via her front door on the defined access path. Nowhere else. If she doesn't like it, she needs to move her shed.

AlpacaLypse · 17/07/2017 16:48

We've got one of these. It actually goes diagonally across then through a covered passageway that we use as a utility room - freezer, washing machine, tumble dryer etc. I've had trouble with one of the neighbour's carers recently plonking herself in my garden on my garden furniture in order to have a cigarette! I had to be quite firm about it, but she took it okay.

HipsterHunter · 17/07/2017 16:48

No way. She has blocked her access. Tough titties .

665TheNeighbourOfTheBeast · 17/07/2017 16:49

Would it be easier for her to ask the adjoining neighbours on the other side?
Just wondering, as a deflection is much friendlier than an outright "No" even if it has the same conclusion.

Original poster

JamPasty · 17/07/2017 16:53

Thank you again - you have all taken a weight off my mind (and my flower beds!)

AlpacaLypse (love there user name!) - that is so cheeky of the carer!

OP posts:

Original poster

JamPasty · 17/07/2017 16:54

665 - good idea!

OP posts:

Saracen · 17/07/2017 17:05

I guess I am in the minority here, but I think that as she is nice and it is a one-off, you might consider it... just so long as she knows you are doing her a massive favour. I might start off with, "Across the GARDEN, you mean? But the access path is at the back... oh yes, I see what you mean, you have blocked it. Hmm. You do have a problem, don't you? ...well. I wish I could help you. Only thing is, if the furniture is moved across the flower garden it will ruin the flowers..."

Maybe she will offer to pay to have your garden repaired. Would that be acceptable to you? If you do agree to do this, cluck and fuss quite a lot throughout the whole process so she will hesitate to ask again!!

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