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?? 🙈

That's amazingly helpful, thanks so much

You don't come onto places like this to just vent, you wanted to discuss it, and that's fine. You want validation and many of us are telling you have to check it and we are struggling with your rationale. I sympathise, I really would not like your situation either and I really don't get why you don't want to get a quick handle on this by using the land registry when its clearly and understandably causing you great stress and minimising the enjoyment of your new home.

OP, your solicitor will charge you for the land registry search, its classed as a disbursement and they will charge you for the advice. And not sure if you have a mortgage, but if you do, any paper deeds are normally with the mortgage company and they usually (not always) charge a fee for checking them for you.

Isn't is cheaper and quicker to just do the land registry search on line,(which is what your solicitor would do) that may well tell you everything you need to know. If it shows the solicitor has cocked up and not drawn your attention to the issues, then they will need to cover costs to correct it. But maybe they drew your attention to it during conveyancing and you did not realise the implications.

Also, and apologies if I have missed this response, but much earlier you stated the previous owner had tried to get the neighbours to move their easement route and they declined. How do you know this? Did the seller tell you this before you signed on the dotted line, did they tell you after (because they should have declared the dispute on the conveyancing documents or has a third party told you? It may make a difference to your situation if it was not disclosed.

OP, many people have taken the time to offer supportive and helpful advice. Try to stay open to their feedback —everyone is hoping for a good outcome.

Honestly, most are really sympathetic on here. It's just frustrating that you won't save yourself a lot of time and money by buying the deeds yourself, taking time to absorb them, including whether or not you need to take any action against your conveyancer, before seeking legal advice. Huge sympathies and lots of good wishes.

If op hasn’t got £14 then she hasn’t got it - tho I would be happy to contribute

If you live in the country it's typical to have this sort of back entrance. It causes so much trouble l would never have one again. You can't move them to the end of garden without a special dispensation, you can't buy them out, and no one EVER gets permission to do anything with them. Anyone is allowed on them as long as they have ' business' with the house holder.
You are onto losing

This poster has it all wrong,the laws for this are ancient. Suggest you get in touch with Neighbours from Hell online free lawyers taking you step by step through your dispute.
I had exactly the same and won because they told me exactly what to do. I was on the other side, however....my neighbours wanted to stop me using back entrance

As stated by another user - check your deeds/easement. We bought an end terrace (no.17) where there had been a right of access across for our Neighbour (at no19) on the right A previous occupier of our house had paid a barrister to close this off though - so it right of access for no 19 no longer existed when we bought the property. No 19 was owned by a housing association and had tenants. No 21 &23 (the other end terrace in thus row of 4) were all privately owned. Quite frankly the tenants at no 19 were a nightmare - rubbish in garden, always boasting of the additional works that housing association were doing for them and noisy. They managed to annoy the other end terrace (no 23) so much there was a dispute - no 23 checked his deeds and right of access is “for owners of the property only” ie not tenants but the housing association only!!! As this was a legal document no 19 actually had no right across the back gardens of no 21 & 23 - to the extent they were forced to put their bins out front! Do check the legalities - as this would effectively mean no visitors, tradespeople or guests or even lost can be delivered to your neighbours back door as these individuals have no right of way across your garden - not being “owners of the property”…..

Easements have their own laws ...as my lawyer said ' you can go thru singing and dancing at midnight if you wish, you have 24/7 easement rights

You don't t know the rights of easement in UK very well. If the easement is blocked the people trying to use it can take ANY alternate route through your property

Frankly I’d have some fun with them. A piece of paper can say what it wants but when a way is blocked it makes not a lot of difference.

i would start with a low level conversation that I’m a bit worried after reading of garden thefts especially with my house being on the end. I’m arranging for a beefy lock to be fitted to the gate. I’ll obviously unlock it so you can come and go but you might want to find your front door key in case I am out..

then I’d do just that and keep it locked until she asks to come and go.. see how many times she missed parcels etc and gives up!

For me, the issue is the safety of your children (& dogs?). If she’s badmouthing you to your neighbours, cd you point out to them that using the easement as the usual access to her house allows strangers to walk onto your property at any time, thus impinging on your security. How would they feel if one of your children was frightened, or a dog escape and be hurt?

That almost certainly isn't true. You can't block it.

I know you can't legally block it,that's what l said. Others were saying lock the gate and only let neighbour thru with rubbish. You can't block it BUT if you do you run the risk of letting the neighbour pick another alternative route thru your garden.
My back door and free access across my neighbours land was blocked. I climbed out my window, across her picnic table, across her lawn, across her tennis court as she was playing ...as my 'alternative route' l kept this up for a week with my lawyers approval!

I did exactly that because I had to cat proof my garden.

Personally, I'd blockade it with a super tall / heavy gate and multiple locks (due to gate having been left open, ensure it locks automatically) and give her all the keys to various bolts / padlocks etc. Make sure you're there to lock it thoroughly each time she comes through and don't engage in any discussions about it.

She will soon get sick of having to deal with that and you're not required to give anyone but her access to her back garden so don't give delivery people any keys - I highly doubt she is allowed to use it as her main entrance. Check the wording of her easement / your deeds.

Curious why she would rather die than use her actual front door..

This too. Plenty of legit ways to put people off abusing access rights.

Good on you! I think 95% of the posts on here are ones giving the OP duff advice but the OP said "I don't want anyone to say anything 🤷🏼‍♀️ I mostly wanted to vent, and have now done so! I've read all the advice and taken it." (3 July 13:26)

Get a self closing lock as mentioned above, and put a note on the gate stating what you will/wont allow due to pets & children.
Infact you don’t even have to give a reason because it’s your gate-but just for ‘niceness’ if need be.
Honestly I’d be fuming & would never expect it to be used like this so completely understand your side of why you bought the house etc. I don’t think anyone would expect this level of disrespect from a neighbour.
If anything is mentioned about lock/sign on gate, I’d tell them they’re risking your children’s safety by doing this. You may have to really stand up for yourself here & it may well cause a fall out BUT you are in the right and they are in the wrong.

The various locks suggested probably cost more than £7.

Same* it's not for entering and exiting the house

Get legal advice, the detail is what matters. Access to the garden is different from access to thier house. Anything that can be done vis the front door should be done so, access to garden is for things that can not get to garden any other way, such as wheelbarrow, machinery, fence panels. Your neighbour is being unreasonable and I would.also highlight that random people & leaving gate unlocked is a safeguarding issue for your young children

She can't afford not to TBH.

Either that or accept the situation as is.

She needs facts to move forward. Suggestions made here about blocking off access and locks and diverting paths, are potentially very costly legal errors. Information is key.

I don’t understand why people are having a go at you. The first port of call is your own surveyors because they already have the deeds and they should have looked into this easement and should know from checking the file what it allows legally.
they may be rubbish surveyors though because they should have highlighted this to OP and made sure she understood what it entails (most surveyors are shit though so that itself is not surprising).

anyhow they should already know and the OP doesn’t need to interpret the deeds (not being a lawyer she won’t be able to do it properly anyway). If they missed it is negligence

this inquiry usually doesn’t cost extra