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?

Does he know you know he’s still using it?
Because if he doesn’t then just block it with a shed or a imposter or whatever and then deny all knowledge saying you were told he had been informed by the son that he wasn’t to use it anymore once the house was sold [to you]

*composter

I feel like you are putting too much stress on the fact that you think the other neighbours don't mind, so you shouldn't either. It is only your garden that the next door neighbour is entering - it affects you directly and not anyone else!

Hindsight is wonderful but I think as part of the purchase, I would have asked for the gate into your garden to be removed. However too late for that now. As everyone has said you need to talk to him and tell him that you don't want him to come through your garden and that he shouldn't have a key to the gate. I don't expect he will like it and he might well talk to other neighbours about it, but best to explain to them that he was told by the previous owner so shouldn't have been using it at any point since you moved there.

Good luck. It will be tough but hopefully worthwhile in the end.

Sorry missed a whole page and so the post where you said you bumped into him with the shopping.

We live in a similar neighbourhood. It's just a non problem. He sounds kind ,helpful and completely inoffensive. I would imagine he hasnt realised the agreement had stopped. Why some people on here seem to think he is the devil incarnate pushing boundaries and marking territory is beyond me.

@k1233

Is there a reason the last two houses without garages can't pay to put in 2 gates - a shared one behind their gardens and then a second into the laneway (providing laneway owners agree). That would solve the problem for everyone. Maybe sell the idea as everyone having independent access to the lane.

The lane doesn't reach their gardens.

How far does one go to be kind? As your other neighbours with garages gave him a key to the outside gate, maybe they could be kind too. Just a thought, but maybe they could all create gates in their fence until the last house. Your neighbour could then just walk in a straight line through all their back gardens until the end house and exit into the lane right by the outer gate. That would be much nicer for him, wouldn't it. Of course, they wouldn't mind if he spent time along the way having a potter about. Whenever he fancies. You say they are a friendly group. How unkind if they don't.

I really like the suggestion of stopping access because you’re securing the garden for a rescue dog adoption pre-inspection.

Perfect excuse, and endless opportunities to delay any actual dog appearing (you’ve only been approved for a certain kind, right?).

I’d probably go further and say I was ramping up to be a service dog foster household. You know, the kinds that help older folk??? Hard for them to all frown at you over that one!

Of course it’s your right to stop access directly and with no excuses. But I’d say for neighbour relations going forward, it’s worth a bit of bending the truth. It’ll blow over eventually, but long-standing habits are hard to break. Start soon. By the time you have actual kids & pets (Vote Goose), it should be sorted.

I too like the suggestion of stopping access because you’re securing the garden for a rescue dog adoption pre-inspection.

I can really understand your reticence about stopping him. However if he is such a lovely member of the community he will surely understand you don't want him wandering around in your garden!

Personally I would ask the neighbour who originally gave him the key, to get it back off him. He had no right giving it to him!

Not a nice situation and hope you get it sorted soon.

Oooooo or what about someone else having a key invalidates your house insurance.

Throw the seller under the bus. "Hi neighbour! Look, this is really awkward but when we bought the seller told us he'd spoken to you about the garden arrangement coming to an end. Clearly he "forgot". When we started working from home we realised he hadn't but we didn't want to say anything as we knew you would be trying to avoid meeting people. But lockdown is over now and it's really important to us that we can keep the garden private, especially as we have plans to have young nieces and nephews visiting. So we do need to end it now, I'm sorry about idiot seller not saying anything as he promised! You obviously know what you're doing with hedges, you've inspired me! Any tips?"

Do the other neighbours with keys not use the gate?

I really think I would leave it, apart from maybe asking that he doesn't do any more gardening.

It's nice to be kind, no need to inconvenience an old man who's had this as his routine for so long.

Did your neighbour contribute towards the replacement gate and that is why other neighbour gave him a key?
If he did, it's easy to see why he thinks the old rules still apply.

Stand in your garden and yell ''get off my land!'' in an irate manner
Install a man trap or two.
Put up ''no trespassing '' signs.

Ok, I jest, but this does need careful handling...You don't want to be falling out with your neighbours over it.

Ultimately you're going to have to speak to him if you want him to stop. And probably put some type of barrier to enforce that you want privacy all the time, not just when you're in the garden. Either make up an excuse (dog, landscaping the garden) or be truthful and say the agreement stopped and you want privacy in your own garden.

I can't see why the gate can't be locked, even if it's shared property. There is no reason for the gate to even be there, so locking (or blocking) it seems the obvious thing to do.

Personally, I'd either buy a big pot and place it right in the gate (which way does gate open?) with a shrub/tree, so it's blocked, but not changing gate/fence. Or plant that side, rear area of garden with new garden bed (maybe raised veggie beds), something that can't be traipsed through.

Is the fence between your gardens his or yours? If yours I'd be replacing the fence, including the gate with just a fence. I don't think id really like a gate between a neighbours garden and mine.

If you sell on this could put people off.

Do you use the whole garden if you're sitting out, or mainly just the area closest to the house? Could you put in some decorative panels across the garden where your shed is to section your garden and give you privacy/screen off the lane/garage/shortcutting neighbours! You could still use the bottom of the garden but have a little private sanctuary at the top.

It sounds like you'd feel guilty if you just cut off his access, so if you choose to keep his gate then this might give you a little more privacy.

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...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.

@Biscoffscoff
You can do anything you like within your own back garden.
So move your shed back and block the gate. Or buy a couple of big concrete planters and put bushes in them. You don't have to change the fence or add a padlock to the gate. Just make it redundant.

He shouldn't be using the gate for access to your garden, per the terms of the license, so having a nice big shed in front of it should make no difference at all to him.

@Biscoffscoff

Why do people keep questioning what our solicitor did?
It's very clearly explained in the opening post. He doesn't have right of access. He had a license, drawn up by previous owners, in goodwill. The plans clearly show the boundaries and there is no right across our land. We were given copies of the licence by the sellers, with advice we could use it as a template if we wanted to grant access. There was nothing for our solicitor to check further.
The only bit I don't have is proof that the sellers reminded him before the sale that he should approach us for permission because the licence wouldn't automatically extend to a new owner (it is a legal doc signed by the owner and neighbour)

Those unchecked and unproven assumptions - that is why people buying a house hire a solicitor.

Checking boundaries, checking rights of way, checking documentation when there is a potential question - this is literally what a solicitor is hired to do by buyers.

Your solicitor should have double checked the garden gate/access question.

As things stand, you will have to go back to a solicitor and find out exactly where you stand and where your neighbour stands, at your expense, because it is very obvious that the most important part of it is not clear at all.

Tell him it was a lovely thought to cut your hedge but whereas the previous owner was elderly and your not you’ll do it yourselves, which leads into the fact you’re going to block up the gate as the access isn’t needed any longer

We’re responsible for the fence to the right of our property. When we put a new fence up we replaced the old one with our new in the same position but with a gate in it so that we could mow our neighbours grass as he was getting on a bit and finding it more difficult we did this with his agreement. It was easier than taking the mower around as he had cobbles on the other side. When he died and the property was sold the new neighbours arrived. I knew her but not him. We told them about the gate and promised we wouldn’t be using it as it was only to mow the lawn. We never used it. He put a pile of stone in front of it and later on when they had kids he stuck a Wendy house there.
You could place a lean to greenhouse on the side of your shed.

Could you introduce a new lockable gate between your garden and the lane at the end of the garden? You’re not then taking a key away from him or messing with your shared boundary, but the “access” is then useless to him.

Did you say there are no fences at the back of your gardens? That would worry me more than one person cutting across the garden.

Pop round and see him.

Look just nicely tell him you were really surprised to find him in your garden as you had been told by the sellers that he didn’t use the route due solicitors document.

Then wait for him to explain. If he denies the letter or agreement just warmly tell him that you’ll check with the solicitors so that you’ve got the right end of the stick.

He’s probably just trying it on. You can be totally lovely and warm natured but immovable around access. You don’t need to fall out, you can do it all sweetly.