Page 10 | AIBU to padlock my gate?

KTMP16 · 2022-05-26T14:26:40+00:00

Im the last in a row of houses so mines a semi and iv a sidegate.... So my problem is my next door neighbour (and often his kids) will leave the back of their house...casually stroll through my garden and out of my gate, leaving it unlocked for when they come back. They seem to just think they have the right to do it - theres a gate in the fence (there before i moved in) its just feels so intrusive and I dont know what to do im not a confrontational person. I did padlock it in the past and say i didnt want it unlocked as my young kid would spy his chance to leg it. They just kept knocking on every other day with a plea for me to undo it for them for one reason or another so i gave up. I dont understand why they cant use their own front door?! It doesnt make things quicker! The guy has literally just walked past my window wheeling his bike and Im fuming and thought id turn to the wise people of mumsnet for advice!

maddening · 28/05/2022 08:39

Ps.good news! Expect resistance if they have accessed for a long time they may have created right of access and be able to legally challenge (it would be a challenge to your landlord though not to you)

stuntbubbles · 28/05/2022 08:45

Wheelz46 · 28/05/2022 07:38

I know you have checked with the landlord and have confirmed what you were hoping for, however it doesn't sound like the landlord is meeting fire regulations, I maybe wrong though!

My Aunt and Uncle lived in an end terrace with the mid terrace having right have access through their back garden, which passed their kitchen.

The right of access was largely for the fire safety, if a fire broke out at the front of the mid terrace, they would need to get out through the back and exit to safety. If you close off their exit point, they are then in an extremely vulnerable situation. When escaping a fire, the last thing anyone would want to do is start kicking down a fence!

There are millions of terraces in england with no rear access via a back road/passage, or through gates to neighbours’ gardens. I live in one – at least 10 houses on the shortest side of the terrace to get out. If there’s nothing in the deeds to keep the gate, no reason to keep it.

JayAlfredPrufrock · 28/05/2022 08:48

Wonder why there is a gate in the fence between the gardens 🤔

newnamethanks · 28/05/2022 09:10

Say you're getting a dog as it makes you feel so insecure and you'll be keeping gate locked to keep dog in. Lie. Do not buy a dog for this purpose.

TheRealHousewife · 28/05/2022 10:55

Purplepurse · 27/05/2022 21:15

I live in a mid terrace. I have to walk right past my neighbours kitchen and dining room window. I pass within inches of them to get to the gate. I have an absolute right to do so and they have no power what so ever to stop me. It is written very clearly into our deeds. This is for all of you some how doubting this.We are considerate neighbours and are on very friendly terms with next door but I need to use that right of way for bikes , bins etc and I do so.
If people do not like this they should not rent or buy a house with this type of access rights.

This is my situation. Like you, we are very considerate users and do not use it excessively. However the neighbours who moved in next door were hostile from the off about us using our access to the point they put a 10 foot locked wooden gate up and 3 cctv cameras covering it (deeds state 5 bar country style gate, no lock). We did eventually get a key for the lock! They are forever acting like the victims when they continually act in vindictive ways. We try to ignore and just go about our own business. They have made a situation uncomfortable when there was no need. Like you say, they knew this was our right as underlined within the deeds. If it was such a problem they shouldn’t have bought rather than waste their energy trying to make us appear the problem.

Thehop · 28/05/2022 10:59

Padlock the gate.

“can you open the gate please?”

ofnore for ten minutes longer each time

“sorry I missed this have a good day”

“sorry I can’t I’m having a poo”

etc

MsAdoraBelleDearheartVonLipwig · 28/05/2022 11:16

Can you ask your landlord to replace the fence between you and them so they can’t actually get into your garden at all? Otherwise they’re just going to keep trying it on. How weird, you’d think they’d just use their own front door.

CannotCopia · 28/05/2022 11:48

JayAlfredPrufrock · 28/05/2022 08:48

Wonder why there is a gate in the fence between the gardens 🤔

There was a gate between gardens in our house when I was a kid. No rights of access, mum and the neighbour were very close and would nip between houses. Other school friends had gate to play between houses.
It’s not unheard of. Probably a throwback to a time when people were closer to their neighbours.

diddl · 28/05/2022 11:52

KTMP16 · 27/05/2022 23:07

UPDATE - no right of access.... 100& CF as suspected.... padlock purchased! 😎

Thanks for the help everyone :-)

Good for you Op.

So when they ask what form of "fuck off" are you going to use?😉

Burgoo · 28/05/2022 11:57

Its all about right of access in the UK.
If they have the right to go through your garden to get to a public walkway then it may well be that you could be breaking civil law by refusing it (if they have the right obviously). Its a tricky point as others have said and you can get into much more hassle than its worth. If your neighbours are reasonable I'd suggest that you just mention the bin noise, politely, and they may be more considerate.

If they aren't reasonable though you could easily start a neighbourly fight and end up in the courts justifying why they can't have their legal, rightful access to their property. It just gets messy and unpleasant.

But again, check your legal responsibilities.

Burgoo · 28/05/2022 11:59

Ah just saw it was resolved!

Though I want updates on how this one works out! I suspect the neighbours aren't going to be all that friendly after this!

TarpaulinEyes · 28/05/2022 13:07

TheRealHousewife · 28/05/2022 10:55

This is my situation. Like you, we are very considerate users and do not use it excessively. However the neighbours who moved in next door were hostile from the off about us using our access to the point they put a 10 foot locked wooden gate up and 3 cctv cameras covering it (deeds state 5 bar country style gate, no lock). We did eventually get a key for the lock! They are forever acting like the victims when they continually act in vindictive ways. We try to ignore and just go about our own business. They have made a situation uncomfortable when there was no need. Like you say, they knew this was our right as underlined within the deeds. If it was such a problem they shouldn’t have bought rather than waste their energy trying to make us appear the problem.

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Same here. I don't have a front garden to keep my bins in (And council will not allow bins in the front as causes an obstruction) so have to either carry everything through the house or through my NDN's garden. I choose to do the latter and assured NDNs it would be done at a sensible hour of the day. I work part time so usually do it when they are out at work.

Buttonjugs · 28/05/2022 13:25

Stressybetty · 26/05/2022 17:15

We had this when we rented. We were end terrace in a row of 4 and all the gardens had gates in the fences with access. Landlord didn't inform us and we didn't realise until NDN started kicking off about it. We refused access and locked it as it was during COVID lockdown and we have dogs that could have escaped if they left the gate open. They wanted access whenever they felt like it, we wanted them to ask each time so we could secure the dogs inside. It didn't stop her bloke visiting other neighbours by climbing over our fence instead. They did use the end gate at the other end of the row but the whole thing started off a nightmare campaign of abuse, petty behaviour and complaints to our landlord.

I don’t blame them, you were in the wrong.

CalmerCalmerChameleon · 28/05/2022 13:46

Thehop · 28/05/2022 10:59

Padlock the gate.

“can you open the gate please?”

ofnore for ten minutes longer each time

“sorry I missed this have a good day”

“sorry I can’t I’m having a poo”

etc

When they call at the gate
You know what to do.
Sorry dear neighbour
I’m having a poo.

Purplepurse · 28/05/2022 13:49

Therereal housewife

I worry about our neighbours selling. We get on really well with our present ones and access is not a problem at all. However if we ever get new neighbours and they think like a few on this thread it will make for for difficulties!

HoobleDooble · 28/05/2022 20:39

Before you do anything double check with the Land Registry rather than just take your Landlord's word for it. I own my mid terrace and the landlord who owns the house next door hadn't got a clue about who should pay for the fence when it came down in the storm a few years ago, so had probably bought the house without having all the shared access/utilities and boundaries explained clearly. They might be just telling you what you want to hear.

ChocolateDeficitDisorder · 28/05/2022 21:54

I agree with @HoobleDooble - the situation screams access rights and your LL doesn't sound as if they've actually checked both sets of deeds in the time they've had.

I don't think this story is over for the OP yet.

TigerLilyTail · 29/05/2022 02:23

HoobleDooble · 28/05/2022 20:39

Before you do anything double check with the Land Registry rather than just take your Landlord's word for it. I own my mid terrace and the landlord who owns the house next door hadn't got a clue about who should pay for the fence when it came down in the storm a few years ago, so had probably bought the house without having all the shared access/utilities and boundaries explained clearly. They might be just telling you what you want to hear.

I wouldn't bother. If things escalate and they claim Right of Way, refer them to the landlord. Part of the joys of being a tenant is not dealing with this kind of thing.

Put a padlock on. If they ask for access just say no.

whynotwhatknot · 29/05/2022 10:25

my house was built in the 50s no emergency access mid terrace i know building regulations are different now

andym915 · 29/05/2022 12:36

You have tried to talk to them that didn't work, so paint the gate and fence and or repair ground around bottom of fence,( regular use must be causing wear and tear) then give them half the bill. If they have a right to use the gate it is only right that they have a need to pay to the cost of maintenance of gate and keeping the ground in good order I would think that they will pretty soon tell you if they have any claim to the gate

andym915 · 29/05/2022 12:47

The thing that concerns me from your drawings is the fact that the fence between your garden and their garden also has a gate in the fence. You do need to take advice on this. One answer might be to move gate to end of fence.

Therunecaster · 29/05/2022 15:37

Have they asked you to unlock it yet?

TheRealHousewife · 29/05/2022 18:11

Purplepurse · 28/05/2022 13:49

Therereal housewife

I worry about our neighbours selling. We get on really well with our present ones and access is not a problem at all. However if we ever get new neighbours and they think like a few on this thread it will make for for difficulties!

I agree. It’s really important for our well-being and peace of mind to get on with neighbours. Not everyone thinks the same. Fingers crossed yours don't move … and mine do!🤞 😬

AryaStarkWolf · 30/05/2022 12:11

KTMP16 · 27/05/2022 23:07

UPDATE - no right of access.... 100& CF as suspected.... padlock purchased! 😎

Thanks for the help everyone :-)

Great news! Can't believe the cheeky fucker actually put a gate in their fence as well to get in to your garden, let us know any updates!

me109f · 31/05/2022 16:30

So irritating when people try to encroach on your space. They are just being lazy and disrespectful.