AIBU to object to neighbour using my garden as their main access?

[Deepblueokay]

Fully expecting to be told this is my own fault for not looking into it properly but need a vent all the same!

A year ago I moved into an end of terrace house. There is the usual easement arrangement with the adjoining neighbour that they can get access to their back garden via my back garden. I know that is pretty standard and I was obviously aware of it when I purchased. Since moving in however it's become clear that they use it as their primary entrance. They never use their front door. They have a sign on the front door telling post man/ couriers etc to go round the back. Again, wouldn't necessarily be a big issue except that there seems to CONSTANTLY be someone walking through! It's an older lady living there with her grandson. He is late teens/ early 20s maybe and in and out like a yo-yo, no exaggeration. Ditto her boyfriend, her dog walker, her cleaner, her food shop, couriers (she gets at least two packages a day!) .... The latter particularly pisses me off because they often don't close my gate behind them. I have an OAP dog and 4 children, the youngest of whom is 4. It'd take literal seconds to slip out of the garden without anyone noticing 😠 And frankly, now that its summer time it just feels quite intrusive. Strangers walking in and out while my children are playing. I stupidly feel awkward sitting outside to read a book even though it's my fucking garden!

Is it even a legal thing to say that they are over using their access?!

Should also add that I would probably mind all this less except that at the end of last year the handle of my gate broke. It was the week before Christmas and I didn't have time or money to fix it and it wasn't particularly a priority for me, but I told the neighbour I would sort it after Christmas, quite reasonably I thought. (I have a side door so actually rarely use the gate). Neighbour told me I had to fix it because it is "YOUR gate" and "a public right of way" (it isn't 🤣).Then proceeded to tell all the other neighbours that I was "refusing" to fix it because I didn't use it and that she "couldn't even get her food delivered" and would "rather die than use the front door"... After a week of hassle and harassment I ended up getting a friend's husband to fix it for free and neighbour has since apologised but... I don't know, it just left a sour taste.

Is there anything I can do? Do I just have to wait for her to move/die?? 🙈

The access presumably is for them not for almost and sundry? So I would personally lock the gate and not allow access unless by arrangement ! But I am grumpy even though the weather is nicer !

Is your garden big enough to section off a "path"(wide enough to drag a wheelie bin along) at the edge/end to her garden so your garden remains secure?

Check your deeds. The two people I know, who live in mid terrace houses, only have right of access through their neighbours' gardens to put their dustbins out.

Yep, check your deeds, and then check your home insurance to see if you have a free legal helpline that you can call to establish what rights you have to take any action.

Having the backing of legal advice will mean that any approach that you take is likely to be not effective, as it will limit any argument on their side.

We pulled out of buying a house once we realised next door would have to pass through our back garden in the manner you’ve described. We were reassured she was a single woman who only used it to bring her bin in and out once a week but I worried about what would happen if she moved out and someone completely unreasonable moved in. I can’t believe your neighbour can’t see how mental it is that she’s directing everyone into your private garden! What is the shame of using the front door?!

Same arrangement when I lived in a mid-terrace. We also had to allow emergency access.

Your situation is completely untenable as you have no privacy in your own garden and this could also affect your home insurance as so many people have access to your property. Check your deeds, it's likely that your neighbour is knowingly taking the mick.

Given previous history though expect a fallout when you stop the thoroughfare.

Check the wording on the deeds. It is unlikely that the easement can be used as the main entrance.

Boundries! Now.

Check your deeds, most easements only apply to the dominant tenement ( the people who live there) and not third parties - i.e. delivery drivers. You say it's been a year - have you not spoken to her seriously in all this time about your right to privacy?

Sounds like they are over using it. Normally it’s a right of access for things like bins and ground works. Not just the postie and such. I’d get it checked.

Also see about fencing in their access to it doesn’t affect you as much if it’s the bottom of the garden.

Why don’t they use their front door like normal people? Sounds like CF behaviour and needs to be squished.

They may have right of access but this usually only pertains to the residents of the property. They are creating an unnecessary burden but asking everyone to use their back door, and the sign is a clear indication of this. The only time a person should use your garden acres (like Royal Mail) is if their front door is inaccessible.
So, first: check your deeds to understand exactly what are the limitations of the access.
Photograph the sign they have on their door. Send them a letter about not having anyone other than themselves use this access, and only within the limits specified. Say the constant stream of unauthorised visitors has created a security risk and lack of privacy etc. Keep a copy - you must create a paper trail.
Put up a sign in your gate/fence saying this is private property and all deliveries for number X should go to their front door.
Of they refuse to cooperate then you may have to escalate it via a solicitor (try the one you used for conveyancing).

I find it unlikely that this access was intended to allow use as her main access, although it may of course be poorly worded. She sounds as though she is really abusing it

Put a lock on the gate and tell her the only access she can have is to put the bins out once a week otherwise it will stay locked.

What does it actually say in the legal documentation?

Agree with PPs that you need to read your deeds to be clear what access she is entitled to. This would honestly drive me insane and no way could I have held it in for a year!

Definitely check your documents, it really ought to be only the occupants and only for specific things. I have heard of people only using front doors for births marriages and deaths so maybe that’s her reason for not using the front.

This is crazy and would drive me mental! Agree with others she is taking the mick massively. I would put a lock on the gate and inform her she can only have access for her bins or some kind of emergency. She will have to use her front door like a normal person or go buy a house where she has her own free access to her back door. What a strange woman!

Lots of people are saying this, but legally you cannot lock a gate in an easement.

I would agree with the people saying check your deeds. I know several people who use their back door as their main access. For this reason, I would hope that it would specify what access rights she has, as I don't think it is far fetched to think that someone might try to do this. I would hope, in your type of arrangement, it would specify how much access she has. Don't lock the gate unless you are absolutely sure you legally can. There might be some clause about allowing emergency access which might mean you broke the law if you were out and the gate was locked. (Although there might not be as lots of house don't have access to the back at all, and back to backs don't even have a back entrance!)

It just very much seems to be a "I've lived here 40 years and I've never used my front door!" thing. That and I think she just expected me to take her BS "public right of way" thing as gospel 🙄

You're right. Was just about to say the same. Title deeds need checked.

Is there any way you can section off the bottom bit of your garden into a passageway just wide enough for them to get the bins through, and then put a locckable gate into your actual garden? If you made it a high enough fence they would not be able to see into your garden proper.

I moved into an end terrace house with exactly this scenario. Unbeknownst to me all neighbours were exercising their right to the easement on a very regular basis. We locked the adjoining gate as we had dogs that were regularly being let out onto the road. This felt like a safety issue. Long story short, the neighbour employed a solicitor, ran up huge bills, I could only defend myself in the week long court case and ended up in circa 100k of debt as a result. If I could have stopped this in advance of the legal action and put the for sale board up I would have done. If this situation is untenable for you, then I would leave. Although do this before any argument ensues or you will have to declare a neighbour dispute when the conveyancing solicitor do their paperwork . Good luck and please feel free to ask me anything, I know an annoying amount about easements. 😆

Honestly, after the way they were over the gate, I'm a little bit scared to. And, when we first moved in it was the end of summer, I'd just separated from the children's Dad and it was all a bit of a whirlwind. So I don't think I appreciated then how annoying it would be now that we're more settled.