AIBU to padlock my gate?

[KTMP16]

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!

As others suggest, the orgainsation strongly suggests the neighbour has legal right of access. I owned the middle of a terrace of 3 cottage for a while and had right of access through both neighbours' properties - we never once used it and preferred to take the rubbish out of the front and to the bins which were located at the side of one of the end houses. It didn't half make for good relationships with the neighbours that we did this, because they knew we did it to avoid invading their privacy.

My suggestion is to agree with others that if you establish it is, as we suspect, a legal right, you investigate (and I'd ask your landlord to do it to protect your security) getting some way of ensuring the gate is always locked after the neighbour goes in or out of it.

The gate doesn't necessarily imply a right of way/access. We have a gate between our garden and next door simply because it was easier for us and our former NDN to get together so I'd echo all the PP who say to ask your landlord. Your NDN may have a right of access or it could just be that their previous neighbours didn't mind it

If they do have right of access I would find a way to rope off a path that works best for you (if you can afford it, or if landlord will do it)

My personal preference would be to do it across the bottom of the garden so noone is walking directly across my windows. You might find that resituating the gate to the bottom of the garden also makes it a less appealing short cut, while still complying with access.

Would also say though that if you kept on locking it and it is an easement wouldn't your NDN just have told you that and said that you can't keep it locked?

You could put a top latch on the gate so if it's pushed shut it takes an adult to open it.

https://www.screwfix.com/p/garden-gate-latch-black-powder-coated-50mm/60851?tc=HB7&dskid=92700058168040562&dssrl=1244072&gclid=CjwKCAjwyryUBhBSEiwAGN5OCHK3jpvHG2x7eTRik745sg04E6Z0MOzJDruoREyEHr9VLjotpXPGahoCF88QAvDBwE&gclsrc=aw.ds

A friend of mine did that but it took a lot of negotiating and the NDN had to sign an agreement.

YANBU to secure your own property but check the deeds for right of access first.

Does right of access include how that access has to work? Or is it simply getting from A to B freely? Why did the NDN have to agree?

Because it's a legal right of way just like a footpath through a field. You can't just deny access and if a variation is to be made it has to be agreed.

If the OP blocks all access for the neighbour she could end up in court. What she describes is quite a common arrangement in the North of England.

Yes, it usually does specify a route that has to be taken. Like this - red is the boundary of the property and blue is the neighbours right of access

Speak to your landlord. Establish the facts.

you should have been told of there are access rights through the garden. I wouldn’t want to live in a house where neighbours can walk through the garden at any time.

but don’t block access until you know if there is a legal right

I live in a mid-terrace in a row of four houses. My deeds stipulate that I have access via both end of the row, for any reason. It’s very common here.

Lock it!

It sounds to me like they have the right of access which is usual if going through your garden is the only way for them to exit your property.
You need to check your deeds. If they do, you cannot lock the gate unless you give them a key

Yes do this then if he says he can’t you can say why was I not informed of this when signing my agreement. I’d say that living alone with young children this feels unsafe and you are not happy that this wasn’t disclosed.

ask yourlandlord tofit these

www.amazon.co.uk/Gatemate-5660752-Catches-Gate-Silver/dp/B01MYBL59D/ref=asc_df_B01MYBL59D/?tag=googshopuk-21&linkCode=df0&hvadid=207961523712&hvpos=&hvnetw=g&hvrand=13062855553041164086&hvpone=&hvptwo=&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1006959&hvtargid=pla-421522080220&psc=1

Thee spring closes the gate and the catch fastens it

It’s not really unsafe though, no more than flats with communal gardens. I can see it’s annoying though.

It’s very common where back gardens back onto one-another, as otherwise the only access is through the house.

An end terrace with a gate into your garden from the neighbours is nearly certainly like this.

It’d be a really shitty thing to do to block access without checking the situation first.

Yes, but why do the obvious, simple thing if instead you can illegally block your neighbour’s access and kick off a battle with them that could escalate into making everyone’s life a misery?

The right if access will normally be on a defined route, where the gate is.

Saw your update, it’s a shame they didn’t advise you of the access rights before they let it to you.

I think OP has figured out by now that she needs to ask her landlord.

Ok they don't necessarily have right of access. My ex's pal had such a situation & worried about that, turns out the two people who used to own both houses were friends & wanted their kids to be able to come and fizz
But
You do need to check.
If they don't gave access. Get it padlocked, put plants on front of it & never ever ever back down

They have a right to access so there isn't much you can do. You could politely ask them to put their bins out in the evening because the noise wakes everyone up. You could get a self locking door mechanism but you would have to provide them with a key as well.

My dh’s parents were in a similar situation, except it was they who had the right of access over 2 next door neighbour’s gardens. Wasn’t ideal, as the path was tight up against the neighbours’ houses, allowing no privacy in neighbours gardens!

Sorry OP, but I think it is quite likely they do have a right of access. However in my il’s case, the neighbours got together and by taking away about a yard from the bottom of the ndn’s gardens, they managed to put in a less intrusive path! Don’t know if there is any way you could do similar?