Fence (Who's the CFN)

[Lockstoc]

Bought house 3 years ago, terraced house.

One side of garden fence is the one with the issue. This possibly shared fence (deeds just state boundaries, not who's responsible for it). Has an access gate (Vendor had paid for this gate and some fence panels, receipt was in with the various paperwork when we bought the house. Unsure if gate was a replacement or new).

Access has only been used across the neighbours back garden once or twice a month maximum by our Gardener and to put the garden waste bin out. It's not ever used whilst they're in the garden and no damage has ever been made to their garden. (They don't maintain their garden; overgrown with grass, brambles and nettles. Rubbish also dumped in there).

They've now put a lock on the gate fence so that we can't use it. We asked why and they said they didn't want us to use it. We've asked them to remove it nicely which they've refused. (They're not nice neighbours).

We really need the access in the summer (rarely used if at all Oct-Mar). We don't want to have the gardener taking the lawnmower through our house each visit or want to do the same ourselves with the garden bin).

To add neighbours moved in just over a year ago. Previous tenants had no issue with us using our gate.

I need to get my NNDNs to bugger off so I can get some CFNs and have my own exciting thread.

Do you have a right of easement over their garden on your deeds?

We have a garden that is walled all round, no gates, nothing. There is no way out except over the wall or through the house. H&S is irrelevant, we have no right of way over the wall anywhere, let alone to tramp across someone else's land. Our neighbours on both sides are kind.

On one side there's a private road and we are able to park a trailer there and put stuff over the wall into it; on the other side, our VeryWonderfulIndeedNeighour lets us put things over the wall climbc over, and carry stuff through his garden, through is garage and onto the road. This is helpful for when the tree surgeon comes, but for most thngs it's easier to carry stf through the house.

In your position, I would send flowers and wine, with an apology for taking them for granted and not asking permission, then ask nicely if you could continue to tramp across their garden. I suspect you've pissed them off mightily and you are just going to have to take everything through the house.

We live in a terrace of 20 houses there's no way all those houses could have right of way over each other!

I used to live in a terrace of about 20. There was a ROW running along the top of all the gardens.

@SnickersWasAHorse how did that work then? Did you all have gates going into each other's gardens?

Exactly that.

There was a path that ran along the top of all the gardens. Everyone had a gate.

It's really not unusual to have right of way. Happens all the time around here.

Are the new neighbours also tenants? If so it might be worth contacting the owner or agent and asking if they are aware of the lock being fitted.

Well,, tenant or not, they pay for the use of their private garden. The LL could give in to his tenants to use his property, who pay him, or the neighbour, who does not. What if the neighbours want to use the kitchen or bedroom on account of them being tenants? All of this is void if there is right of way of course.

I was not clear, I meant that the owner or agent should know if a right of way exists but a tenant might not know.

As I said in the only sentence you've cut out, John4703 :

All of this is void if there is right of way of course.

Sorry, but unless your deeds explicitly state that you have right of way, you're the CFN. Your gardener can access your garden without going in their garden. Doesn't matter that you don't want the lawnmower in your house, doesn't matter that you don't think their garden is well kept, or if they're not very nice. It's their garden.

You've obviously done it enough that it's pissed them off to the point where they've gone out and bought a lock.

Get a copy of the deeds and see if you do have row

A lot of terraced houses have alleyways that run at the bottom of the garden, or did have alleyways and the owners have taken advantage of the extra 3 feet and moved the fences.
Last house I sold had this in the deeds, but everyone in the road had replaced fences so there was no access.
If someone wanted to demand access they would be within their rights according to the deeds.

The deeds are key. I have this as I'm mid terrace and my deeds are clear I have right of way down the side passage and across the end of the garden. Marked in colour.