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?? 🙈

Agreed, quite a lot of people are basing their advice not on any legal principles but on their personal incredulity of the situation and what they reckon the OP should be able to do.

Here is a link to what an actual land lawyer has said about this type of situation: https://www.hughes-paddison.co.uk/site/blog/property-litigation-blog/rights-of-way-is-a-gate-an-obstruction

...and here is an extract from it:

The legal test in the case of alleged obstructions, put simply, is: "can the right of way be substantially and practically exercised as conveniently as before?" The answer in most cases is that a single unlocked gate will not normally be held to be a substantial interference.
But anything more than an unlocked gate probably will be held by the court to be a substantial interference and therefore unlawful.

This isn't to say that the OP definitely can't legally lock the gate, it's just that breezily saying 'Oh it'll be alright, because it's what I'd want to do' may be wide of the mark too. For the thousand and one'th time, it'll depend on the deeds.

Cancel the cheque

Sorry, I meant check the deeds. 😉

It is usually pretty clear on a listing tbf, it shouldn't need drilling down into paperwork or come as a surprise once you've moved in.

I've been put off a couple of properties in the past for this very reason and having since had experience of antisocial neighbours, I would never touch a property with this set up with a barge pole as it relies on having decent neighbours forever. I feel very sorry for OP landing next to the neighbour she has.

@thisisyoursign I can't use the front door, the living room is tiny so the sofa can only be positioned in front of the front door which blocks it, or makes it very difficult to get in and out at least! All 4 of the houses in our row have a sign saying use the back door for deliveries or front door not in use. It's very common where we live.

So your convenience inside your house is more important than your neighbours rights over their property?! I really don't think delivery drivers should be going round the back when there is a front door option. Furniture layout is your problem to solve.

You can fit a spring and a latch so the gate shuts firmly on its own and then latches due to the force. If you need me to find one and link it, @Deepblueokay please just ask. It would solve the escape issue at least 😊

why lie?

but presumably all the 4 houses don't use easements instead? The poster doesn't say.

What’s the “reciprocal right to those notes above”? That’s the key information because deliveries and using the back door as main entrance is not maintenance and repair.

Yes exactly, are all 4 houses needing to go through someone else’s garden to access the back? Or is it only the 2 inner houses (presuming the 4 houses are in a row and the 2 outer have direct access). If that’s the case, it’s fine for the 2 outer houses to direct deliveries, guests etc to the back given they’re not needing to go through someone else’s garden, but the 2 inner houses should only be using back access occasionally so as to not intrude on neighbours space and privacy.

How do you keep your dogs and children out of this person’s garden?

I'm the red box. She is attached. I don't know what the houses in the middle do but noone else has ever asked or needed to have access to my garden. Her garden gate is directly opposite my garden gate at the end of the garden closest to the house. They have to walk past my kitchen window.

There is a fence between the gardens. But the children wouldn't go over there anyway. Her dogs growl and bark at mine so he wouldn't either

@Deepblueokay please repost in legal. What neighbour is doing can create a fullblown public right of way by use and custom instead of a limited easement unless you take specific steps.

I personally would have avoided any easements such as this.

You need legal advice.

Let's stop asking the OP why she bought - she has explained her situation.

OP - See a solicitor asap and find out the legal position.

If they DO have right of way, accept it and find out how you can accommodate it at minimum inconvenience to you and minimum opportunity to take the piss for them.

From your diagram, you might be able to sacrifice a slice right at the end of your garden, fence it off as a path and let it lead direct to her fence. She could put a gate in.

If they don't, get your solicitor to let them know and get your fences, gates and locks sorted.

Either way, they need to be told they can't have deliveries coming through your garden, that's what their front door is for.

You need informed legal advice now you're settled in because you don't want any more hassle.

Oh gosh I hope you can sort it! What a joke.

Don't sacrifice any land!!!

So it looks like you need to check her deeds to see where the green access route is.

This would drive me insane too OP.

Lots of sensible advice here re deeds and legal advice. I just wanted to add the extra layer of safeguarding concerns if the neighbours allowing others to use that entrance so frequently in a garden which your four children should be able to use safely. Also as a dog owner, it's my responsibility to keep my dog under control and that's really hard if you're having to rely on all these strangers properly shutting a gate behind them.

@Laurmolonlabe , so I would get the council involved -go to environmental health and explain the problem, they may refer you to building control as well.
The council won't deal with it, it's not in their remit.

@Kalanthe , the conveyancer will have flagged it up.

What is (a)?

Which bit is marked green?

Has your neighbour been contributing to maintenance and repair?

What does your solicitor say?

I know people are saying it's a safety issue for your dogs and children, unfortunately the burden of responsibility is on you to keep yours (and others') dogs and children safe and allow full and unfettered access at all time and for all purposes across the easement at any time. It's abitter pill to swallow but it needs swallowing or you put the for sale board up ..

please don't have happen to you what happened to me and end up in 100k of debt over it!

You need to post the actual wording from your title documents OP, not just the summary from the report.

They certainly didn't contribute when the lock was broken. So this is a direct breaking of that part of the agreement.