Neighbour in our garden, WWYD?

[Biscoffscoff]

First of all, apologies now for lack of diagram, I have no idea how to upload one! And sorry it's a long one, it's hard to explain...

We live in an area of old miners cottages. It's common in our town for shared gardens, or gardens with rights of way across them (which these days are used for putting wheelie bins out). We bought our house two years ago. Having a private garden was a big plus for this house we chose, or so we thought!

We are in a row of 8 or so terrace houses. Ours, and the houses to the right of us, have longer gardens and parking access at the back to garages that are at the bottom of the gardens. This is via a small lane. The lane originally led to a park. One of our neighbors told us that there was a lot of anti social behaviour with the park/lane opening onto the gardens. So at some point the park land was fenced off and it was agreed the lane could be gated, so those of us that have garages have a key. All our neighbours have lived here since before the land was fenced.

The neighbour on the left of us doesn't have a garage, and his garden is shorter than ours, he backs onto the park. He used to be able to access his back garden from the end of the lane/start of the park. There is a gate in his garden because of this. When it was fenced, the access from the lane ends at the end of our garden. The neighbours gate opens into our garden.

The previous owner of our house was an elderly woman who didnt mind the neighbour cutting across her garden when the fencing went up. Her son was quite savvy and keen for this not to become a right, so he got a solicitor to draw up a licence agreement which ensured it was goodwill only.

When we bought the house this was explained to us by the EA and owners son. The son told us he'd explained to the neighbour the access ended with the sale, and he'd have to approach us if he wanted it renewed. He never did, we never met him, we thought that was that. Not long after we moved in, the other neighbours approached us about putting money in to replace the gate to the lane also, and that gate is locked. We assumed that there was no access for the neighbour.

In lockdown we've been working from home, and in the first few weeks noticed from the window a couple of times someone walking through our garden. We spoke to the neighbour who had arranged the replacement gate and they told us yes, they'd given a key to the neighbour next to us as he's always had access and presumed he needed a key. They were very apologetic as they thought we knew he had access.

In normal circs we would have knocked on to speak to him but as we don't know him at all and this was at the point of lockdown where everyone was very jittery, didn't think it was a good idea to go round.

The old lady didn't use the garden much and we've been using it a lot in lockdown. We hadn't seen him in the garden for a while and thought he must have stopped using it, now that it's very obviously in use (garden furniture out etc)

Today I came in through the garden and found the neighbour in the garden. Not only in the garden, but cutting the hedge - OUR hedge - that runs from the gate across the back of our garden! Presumably he's doing this to keep his access clear!

I would love to be one of those people who blurt things out but I'm not. I was walking through with my heavy shopping and he gave me a cheery wave as though this was entirely normal.
I stopped and stuttered something about how I had been planning to wait until the autumn because of nesting birds. He told me he'd checked them and it was no trouble because he's retired. I walked in the house and unfortunately it was only then that my brain caught up with a WTF!

So not only does he clearly think this is the norm for him to be in our garden, he thinks he's doing me a favour by doing my gardening!

It's really frustrating that because we're out at work so much we had no idea that he was using this access for the first eighteen months we've lived here, and clearly he and the other neighbours (they are friends) think this is entirely normal.

I want to reclaim my garden back but with it being so long and with me making small talk with him I've no idea how to go about this.
Im also aware that if it hadnt been for lockdown we wouldn't have known he was doing this so part of me feels like I'm being a bit petty to say no now, when it's been happening without bothering us before, and will likely be the same again when I'm back in work in September.
But equally I don't want to give up having a private garden due to British politeness.

WWYD?

He seems nice and polite, so the advice to swear or tell him to get stuffed and jog on is really silly

Agree, but it doesn’t matter how minor the transgression some posters think it’s cool or funny to sit behind their key board suggesting an op shouts fuck off Or something similar and as rudely as possible. When they themselves would never do such a thing.

Personally as said I’d have no issue with someone cutting across what is clearly a small garden for the few seconds it takes. And predominantly when I’m not in it, And just going to the shops or whatever and I suspect he feels the same and thinks it’s a non issue as clearly did the other neighbours.

No matter how politely it’s phrased he’s likely to think the op has issues, as will everyone else round them.,

You just need to make it clear he cannot continue to go in your garden. I would block off his gate to your garden at the same time with a screwed on fence panel which stops his gate working. He can then exit his house via his front door and walk through the public streets the long way round. The exercise will do him good

I would not be happy with anyone doing what he is doing and nor does he have a legal right to do it. Your land is your land. Nor can be come into your garden and trim your side of the hedging.

I had this problem with a neighbour who sent a workman onto my garden without permission. She said he needed to place his ladder there to work on her gutter. I nipped it in the bud right away by telling her that she needed to make an up front arrangement with me before she even hired the workman.

Im aware of something called the "Access to Neighbouring Land Act" which means you can apply to the court for permission to access lady if its for the purpose or maintaining an existing structure. But that doesnt mean you can just send workmen to trespass onto your neighbours property.

After the incident I put a firmly worded letter through her door to "confirm that access would only be granted by means of an up front arrangement and any attempt to send workpeople onto my property without permission would result in further action."

Needless to say the atmosphere has been very cool ever since but Im not one to get involved with neighbours anyway.

OP I have no idea if this is possible legally but can you get an agreement drawn up by a solicitor that clearly states the gateway will be sealed up and access stops when he no longer occupies the property? E,g if he went into care or the house was inherited rather than sold & someone else moved in. Removing the gate completely seems to be the only option to ensure this doesn’t remain an ongoing battle.

Is there a gate between your garden and the lane, by your garage? I’d put a locked gate there, so when he comes into your garden he won’t be able to access the lane. He’ll soon stop coming in and then you can block the gate between your and his garden.
Drop a note round or mention to him that you’d like your garden to be more secure and are putting a locked gate by your garage.

If you see him thank him v much for helping with the hedge but from now on you will be taking over as it’s your responsibility after all. Keep it light hearted no need to go in all guns blazing, it’s great that the atmosphere is congenial and much better to keep it that way.
Say you will be making the most of your garden now too so moving forwards it’s perhaps better he uses the proper route

There are two houses behind us that have just been developed/sold. There was only a 3 foot high fence separating us (very overgrown so not an issue). The developer has very sensibly created a walkway behind both houses by fencing and putting in gates so the owners can take out garden rubbish without going through the houses. It means they’ve lost about 4 foot from the bottom of their gardens. Could be a non-confrontational solution, although I would just tell him it has to stop, because why should you have to put money into this?

Ah that's good about the new restrictions. Meanwhile I would consider fencing off the garden to the footpath anyway and put a gate with a lock on it. I would never feel comfortable with my garden open at the back. Then it would solve the problem. I would say you need the extra security and don't want your garden opening onto a lane. I know its a lane only accessed by that shared gate but you do have fields to the back of you too. Its just me personally but I like to feel secure xxx

I think you sound like a very lovely, considerate neighbour.

If it were me I'd just explain how you understood things to be but understand the community history. Like you have said, say he can use it occasionally, or when you are out at work but not at weekends or when you are home as a kindness but retain the right to stop access at anytime, say he moved on. Community and good neighbour relations are very valuable. Sounds like he just isn't aware and was helping out as normal with the hedge - maybe his way in the past as thanking the old lady for letting him use it and save some walking.

You"ll be able to find out his name from the paperwork you received when you bought the property.

And I agree with @Cailleach1 - what he is doing is very unfriendly, and even cunning.

You need to get the termination of his right to access nailed down with no room for maneuver on his part. A friendly conversation between neighbours won't achieve this.

If you can't prevail upon him to acknowledge in writing that his previous access was by limited licence and that he no longer enjoys that, he and his successor residents will cost you a lot of money if you ever decide to up sticks and move on.

I'd put in CCTV so you can keep an eye on any activity in your back garden. With an obvious yellow CCTV warning sign right opposite where he lets himself into your garden

If our other neighbours weren't clearly supportive of this arrangement I would be more inclined to think he's a CF.

It's easy for your other neighbours to be supportive of this arrangement as he's not walking through their gardens, is he?

I don't see the big deal tbh, you didn't even notice for 18 months. Good neighbourly relations are worth their weight in gold.
Seems you have gone back into lockdown? I'd pop round, ask him if he needs anything from the shops, and ask him not to cut your hedge please as you like doing gardening yourself. I wouldn't say anything about him walking through though.

One other complication in our area is the boundaries are shared. I referred to it as our fence as the previous owners paid for it and that's specified in the paperwork. But it is a shared boundary and therefore we can't make changes without his agreement. Ths gate isn't specified and I would think it's likely he must have paid for the gate. Not only would it be very rude to just lock his gate or remove it without discussing with him, we wouldn't have the right to do it. More importantly though, we hope to live here a long time so don't want to cause any feuds. It seems odd to us as we've only known it with the park fenced off, but given the other neighbours see this as normal I can only imagine it felt very different when the gardens backed on to open land.

There's nothing to stop you erecting your own barrier right up against the gate. Bite the bullet. Tell him you withdraw all permissions and the gate must be sealed. You must keep a copy of all paperwork in connection with this in case he or successors in title try and claim the gate is evidence of. right of way by prescription.

@NeedToKnow101

I don't see the big deal tbh, you didn't even notice for 18 months. Good neighbourly relations are worth their weight in gold. Seems you have gone back into lockdown? I'd pop round, ask him if he needs anything from the shops, and ask him not to cut your hedge please as you like doing gardening yourself. I wouldn't say anything about him walking through though.

A good neighbour wouldn't feel inclined to use their neighbours garden without their consent. In my book that's a pretty shit neighbour to have.

I am so puzzled by the people who think he is a nice polite man.

He uses his neighbours garden without permission, and even did work in the garden🙄.

His dismissal of the owners concerns about trimming the tree was high handed.

I think he is rude and entitled.

He didn't even have the basic courtesy to acknowledge you in your garden.

I don't think he is a nice neighbour, I think he is entitled or extremely obtuse.

OP, if you imply to this man that he can use it occasionally, all you are doing is creating further conflict when your idea of this becomes conflicted.

You are simply avoiding the conversation that needs to be had now.

He worked in your garden and never acknowledged your presence.

You are only asking for trouble because you are already coming across as cowerd and intimidated.

Lock the gate from your side.

If and when he queries it, give him clarification.
It is not available to him.

Otherwise be prepared for this to be an aspect of your life.

You have a shared garden.🙄

Securing your property will add value for little cost plus peace of mind.

Let him know in a casual way that you are securing the garden so he won't be able to use it for access anymore.

No justification needed etc.

Yes. It doesn't have to be said nastily. Just lock the gates etc and put a kind note through his door and keep a copy (and perhaps send him the original document which made it clear he had no rights of way too in case he has lost it). I am doing some fence work at the moment and being very careful not to intrude on my neighbour's side at all but she and I have the same aim - to keep all the high trees between us to be cut off from each other so I don't think we would ever fall out.

You can even cite the ability to make it private as soon as you could afford it was one of the main reasons you bought and why you checked carefully he had no right of access.

I’m not being funny but just how much time does he save popping to the shops going through your garden than going out of his front door, past 6 other houses and round the corner?

I would have the conversation that reminds him the agreement stopped on sale of house and we concerned that the current arrangement might be a dealbreaker on selling.

I wouldn’t buy your house with that arrangement for sure.

I think people on this thread assume that if OP says he shouldn’t be using it then he and others will retaliate. In reality, he’ll moan a bit to the neighbours and the neighbours might cool off a bit, but generally reasonable people don’t tend to turn into arseholes overnight, especially when they’ve been taking the piss and have been asked politely to stop!

@DotBall
Agree completely.

I wouldn't consider a garden with shared access, even if it ticked every single other box.

I don't believe I'm alone there. At all.

The idea would be anathema to many, many people.

Shared access would mean my garden was shared with anyone living in that house, be it one person or 5, including if they have visitors to their house.

That is what a shared access would leave you open to....🙄

Why on earth anyone would leave themselves open to that when they were assured the arrangement could end upon their purchase, is reslly beyond me.🤷‍♀️

Is there any wiggle room between the park fence and the garage?
If you could get 18 inches or so you could make an unofficial rat run. He could move his gate to the very bottom of his garden, screen it , and then you can't see him, he can't see you, but he still has access.