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?? 🙈

Stick a lock on the rear access gate. Then the ball’s in their court to prove what their entitlement is. Whatever the legal right is, the cost of enforcing it for them is far more prohibitive than the ten quid cost of a padlock to enforce your right to privacy.

Lovely. I just read some other posts advising be very careful legally as you have to give unfettered access 😵‍💫 so dunno if the lock is actually a good idea!! I think I’d get a free hal hour with a solicitor ( if they still do that) take the deeds and get an opinion.

Access is limited for bringing things into and removing them from the garden, such as bins, garden waste etc. It would not include her using it as her main entrance and she should definitely not be letting anyone else use it (unless a gardener/builer etc has a genuine reason to need access to the back of the house).

Get a solicitor to write to her to confirm what the access is for, give notice that you will be locking the gate from X date for security reasons and that you will of course allow her access for what it’s intended for, as long as she either texts or e-mails you beforehand so you can unlock the gate for her.

This is clearly driving you mad, and I can understand why. But please dont do anything until you know exactly what the easement/right of way covers (whch might mean taking a bit of legal advice re the caselaw) and what might be done about it. Disputes between neighours can really get out of hand and it sounds as if they aren't above a bit of property damage, as well as refusing to negotiate or change their habits. And refusing ti use their front door does seem a bit bizarre. On the very scanty information here, it seems as if they wont pay or contribute to the upkeep and maintenance they lose the right of way, whch might be your strongest hand.

Actually can’t you get back in touch with the solicitor who did the conveyancing and ask them to explain what acces she is allowed and what your rights are?

I tyoed this into google - caselaw on easements in a row of terraced houses - and got a summary that shows you really cant do some of the things suggested here/

And this shows some of the things you might be able to do eg install a locked gate if everyoe who has access is given a key. - right of way rules for terraced houses - but it seems to me your neighbour wont take that passively.

No it's not. Access is not limited unless the deeds say it is

You can't do that.

She's allowed to lock it as long she provides a key/ lock code to her neighbour.

Especially as she has young children and a dog, having a secure garden is important.

She isn't prohibiting or blocking access, just securing it appropriately.

A key locked gate I think she’d just leave unlocked and you couldn’t force her to lock it meaning OP would still be inconvenienced by needing to monitor it.

A code based lock is ideal as it locks automatically every time the gate closes (we have one on the side gate to our house) - the OP can change the code periodically and just make sure the neighbour has it. This also negates the issue of the neighbour getting multiple keys cut and giving them to others. If the code changes regularly, you have genuine security.

First port of call is definitely checking the deeds - ask your conveyancing solicitor to confirm, I did this and they did it for free, you could ask them to send you the deeds too so you have a copy. Then act based on that. If she is only allowed access to put bins out I would lock the gate and offer her access if she messages you in advance, or get a code lock on the gate and tell her the code the day before bin day and then change it quite regularly. If she has a wider right of access I would do a code lock on the gate and give her the code, and juste ensure you change it regularly so she can't be telling all the delivery people.

Blocking up an exit which needs to be used in an emergency-such as a fire is within their remit, I think you will find.

Get free advice from CAB also did your solicitor point out the easement as again you could look at your house insurance and see whether you have some redress about this too ! good ones should be making sure their clients understand the potential issues . You also may have an opportunity to to sue the previous owner as it sounds like there is history with the neighbour that they did not disclose which they are legally bound to do - hope you get a good outcome if you have young children I would focus on the need for their safety and security as well as your own as your neighbours rights should not trump your right to peacefully enjoy your garden … the law is sometimes ‘an ass’ but if it’s not challenged , bad law stays in place … I doubt you want to spend money that needs to feed and clothe your kids so look at where you can get free advice and challenge this ridiculous situation . Good luck

Also if you feel intimidated by your neighbour - use this fear against her - you can always take it public as this then protects you against her building a picture of you as being difficult as most normal people will see her use as an intrusion and unreasonable - get sympathy and empathy from the court of public opinion - eg advice on radio show local press - if this doesn’t alert your abusive ex to where you live as that would then not be safe or sensible

Hope the deeds make things clearer. Shame we can't ask the previous owner if they ever took legal advice.

Get another dog with a bit more bite and energy. That’ll stop anyone going in your garden without you having to say a single word.

Yes, AI suggested this too. It’s frustrating. Perhaps AI is wrong, but if the deliveries and visitors etc are legitimate and not related to the running of a business from the property, then they actually might be ok. It’s clearly morally dubious when you have a perfectly good front door.

Op risks having to pay all their legal costs as well are her own..this is terrible advice

Lots of dreadful
advice being offered here.

I know of a terrace property , one of a row of cottages in a village and everyone uses the back doors this is quite legal as access to the former bath house was via the gardens at the rear . Occasionally, new purchasers try and stop this but the lady who owns the former bath house soon puts them right as she holds the deeds and all the information is held therin.

The front doors open on to long front gardens on a busy road with no direct access and some of the pathways run along neighbours gardens , using the front means navigating several gates and past neighbours front windows , several neigbours have dogs in the front garden . It seems reasonable to use the back doors.

Exactly this. We nearly bought a house like this but the access was only for putting bins out.

Check the deeds . Our first home was like this (we were the end house ) and we never used our front door as the room was small and we had to put furniture kind of in front of it and didn’t want dirty shoes straight on the living room carpet. We were young 20 and 22 got on with the neighbours and we were never challenged about it so I assume it had always been done . I’d personally hate it as you do but as we were on the end no none had to cross our garden but we were respectful and always kept our voices down closed gates etc

Yes our code lock works well as a deterrent. It's also for the security of both properties. I'm actually a lawyer so Im aware of the potential obstruction issues but our neighbours have the codes and so they would struggle to show any loss making it not worth their while to litigate. Particularly since if they did send a letter before action (which will cost them) then we would obviously remove the lock - probably by the deadline..

Oooh....the abusive ex might be of benefit here.

Contact the police and discuss target hardening measures - they'll 100% support a back gate lock and if you ask nicely will inform your neighbours of it's need as well!

I’m guessing it would have to be a the neighbours agreement. I.e.
if OP can argue that people have left the gate open and it keeps posing a security risk to her children, then perhaps it’s ok? But she can easily say no, I assume.