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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
IStoleDipsysHat · 17/07/2017 17:10

No. Install fencing along the path clearly defining it as not access to any other part of your garden and put a gate in at her fence. You have provided access across your land and it's her tough shit if she's blocked it.

JamPasty · 17/07/2017 17:25

Saracen I do like the cluck and fuss idea! Maybe if I do enough of that it will put her off entirely :)

OP posts:
665TheNeighbourOfTheBeast · 17/07/2017 17:43

How's do you know she wants access for this furniture?
Have you already had some kind of conversation about it?

Just because ..someone who deliberately builds what is effectively an immovable 9' fence across their access and has then clearly said in some way that the are still expecting to bring furniture right through your planted garden is not going to be put off by you behaving like a fussy chicken!

ScissorBow · 17/07/2017 17:44

I live in a similar arrangement. I'm the mid terrace who accesses across the neighbour's garden. We got a shed last summer. Guess what? We put it on the side of the garden opposite the access not blocking the access. It's not rocket science and she's a div. On that basis she can jog on. But I'd say it nicely.

Crumbelina · 17/07/2017 17:49

No way. Imagine if she was posting here. We'd all say "YABU. Move your shed!"

JamPasty · 17/07/2017 17:52

665 - via a non-face-to-face but very polite communication. You are totally right in that there is no logic to putting a shed over your access then realising you need access, but it wouldn't be the first scatty thing she has done :) She may also assume that the right of access is not limited to the path, ie she may not realise she's blocked her access (although the fence and flower beds should really have been a clue!)

OP posts:
flumpybear · 17/07/2017 18:38

A friend has the same set up in her garden and ended up fencing that part off to keep her actual garden private without wandering feet and other children

665TheNeighbourOfTheBeast · 17/07/2017 18:50

Well it's a balance isn't it?
She's placed the shed so she doesn't lose 3' off the end of her garden, however.. depending on where the shed placed she is happy for you to lose. Let's say 6' of yours as your private space. And some re landscaping, so she needs to understand that either she pays to get her shed moved, which to be fair, may not be all that much, or she pays you for the land and landscaping and reinstating the path elsewhere and putting a new gate in the the fence.
And having the deeds amended and on and on,
I think the slightly depressed chicken wandering around in a cloud of despair may encourage her to solve her own problems rather than make them yours

AlpacaLypse · 17/07/2017 19:10

The thing is it sets a precedent. We've been here for 18 years and this is the fifth neighbour, although we went to school together so I've known her forever. I wouldn't mind if she herself popped out for a ciggie and sat in my bit of the space rather than the end that is hers, but she never has - why should she? There's a table and a couple of chairs down there which are hers and on her space. Carer seems to have just wanted to get into the sunny bit. God knows why, it's too hot to sit in sunshine as well as being bad for a girl's complexion...

@JamPasty I love my current user name too! I have to admit to imitation being the most genuine form of flattery. I stole it off one of my teenage daughters' friends Instagram account. Working on the principle that a 15 year old shouldn't be on MN and if she does want to join she can make up a new name for herself!

Jaxhog · 17/07/2017 19:14

Even if she hasn't expressly asked you for access, you do need to make it clear that she cannot do this. If she's that scatty, she may otherwise assume it's ok, then just do it. Much harder to get her to pay to reinstate your garden after the event. You won't be friends at this point. And once she's done it once, she will do it again. Guaranteed.

People will take these liberties. When we moved into our house 20+ years ago, we caught a bunch of teenagers wandering across our garden. Apparently, our neighbour's (teenage) son had taken a short cut across once with them, so they assumed it was now ok to take a shortcut whenever they liked. They even argued the case with my DH! But they didn't do it again.

Hulababy · 17/07/2017 19:21

I'd want to say no. We said yes to a neighbour in the past using our garden as a right of way during some building works - they have no back gate to their garden, only through the house. Our garden grass was wrecked and it never recovered. Would be fine, as we have recently (though a few years later) redone the garden entirely - but said neighbour is not quite so gracious when we've had building work, despite us not needing to go on their property at all. Just the travelling dust etc.

A one off may become something more frequent.
It may not be so graciously reciprocated in the future.

Jupitar · 17/07/2017 19:36

If she's blocked her access and doesn't use it she will at some point lose that right of access. In a previous house I had there was access to my back garden over a neighbours land and my solicitor made a point of telling me to keep using the gate and to keep the access clear and not overgrown, the issue did come up a few years later when they wanted to try and build on the land.

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