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?? 🙈

I don’t know why people are being so mean. You’ve been incredibly strong to move yourself and your children away from DV. It must be really upsetting finding yourself living next to another bully.

I know it’ll cost ££ but is there any way to get the gate moved to the bottom of your garden, so she still has access but isn’t walking under your kitchen window?

It sounds like the previous attempt to do that was poo-pooed by her, but surely as long as you’re not obstructing access, it can be on your terms?

I hope you get the deeds soon and find some kind of suitable arrangement. Your neighbour sounds hard work and deliberately difficult.

Good luck with the next steps and I hope you find the peace and quiet you deserve in your own home soon.

I can’t believe the replies you’re getting OP. We live in a terraced house like this and need to use our neighbours path. We use it once a week for the bins, and every couple of weeks for the lawnmower. And we are conscious enough to time it when we know they’re out, so we don’t wander through when they’re enjoying their garden.

I agree it’s unreasonable behaviour. It may be legal, but that doesn’t make it reasonable. My only suggestion is to try and agree some boundaries, like no deliveries etc.

Then you were poorly advised. If an easement is blocked you have a very limited right of deviation. Any deviation must be reasonable and necessary and cause limited and minimal disruption. It has to be as close as possible to the route. You had no right whatsoever to climb over picnic tables and go over tennis courts (if indeed you did this which I highly doubt you did). IAAL.

My first house was a terrace in a northern city and it’s totally normal everyone uses the bank door for regular access. Even the letter boxes were in the back doors. If someone tried padlocking gates etc as suggested it would not last long.

Lots of big words thrown around, including the dreaded N word. The surveyor maybe should have reported to the lender that there are signs of a third party having access over the garden. I say maybe as it’s likely to be value significant.

the surveyors will not have been provided with the title. The solicitor probably should have pointed out the implications of the easement and queried its usage with the vendor.

the easiest solution here is simply to make the use of her garden less convenient to the neighbour.

Should the neighbour decide to go legal they will get plenty of warning before it escalates..

Thank you.

Sorry but you bought this knowing the access issues. No sympathy

Sorry I meant solicitors of course not surveyors 😹😱

Not asking for sympathy thanks

Aw @IckyIck Happy to dish it out but don't like it in return! Classic

Heavy awkward padlock & give the neighbour a key (one key)

jeez - that sounds awful, OP.
completely understand how you wouldn’t expect it to be used so much as it is.

your neighbour sounds awful 😡

Hopefully you'll hear something back from the conveyancers tomorrow, or soon, and then take it from there.

Your neighbour would drive me insane! She sounds like a bully and a pisstaker - let's say you find out that she is abusing the easement and its only meant to be for taking the bins out or something like that. It's going to take strength to stand up to her as she seems used to getting her own way. Have you thought how you might handle it?

I don't think you've mentioned it, but was there any discussion with the estate agent/solicitor/conveyancer about the easement? Were you ever made aware of it?

Fingers crossed for you OP. Please let us know how you get on. Ignore the nasty comments.

Fingers crossed here too. Can’t believe all the nasty comments either, obviously you wouldn’t have bought if you’d realised what a piss taker your neighbour is (and weren’t escaping an awful relationship). Ignore those people, don’t respond!

Yes. The op says in her first post
"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."

Not sure why people are being such dick heads, they clearly haven’t ever been in the completely overwhelming position of trying to buy a house alone while parenting and managing the complexities of a separation. No one would like this OP and no one would have expected this.

I know it’s uncomfortable but have you had a really frank conversation with them about how much this is affecting you? Could you write them a letter?

I agree with others, once you’ve checked there isn’t a very specific walk way that you must adhere to I would be moving the gate right to the end of the garden, putting a lock on the lower part inside and a padlock on the other, give her a key and just accept that you will be having to lock it yourself every evening. I would probably also get some bulky pots that make it possible, but awkward for people to walk around (but also difficult to break) to make it annoying, while still giving access, for people to use. I know you want to live peacefully but sometimes you do have to make a stand in order for this to happen, she feels very comfortable making you unhappy so get your big girl knickers on and accept the short term discomfort for the long term gains.

You’ve got this.

I have every sympathy with op

But it's very unlikely she can re route the path without her neighbours agreement, so your advice is unhelpful.

Hence me writing that before doing that, she should follow everyone else’s advice and make sure there isn’t a specific path to follow, which at the moment there is no evidence to say there is 😊.

Her previous diagram did show a green line where the easement is .

We know the easement exists whether it actually has any restrictions on we don't know until OP says what deeds titles say. You can not restrict an easement from designated use. So if it's only to take bins out bring gardening materials in allow access to rear garden when not practical from front of house is maintenance ie. ladders for cleaning gutters window cleaning then you can't make it difficult to put said bins out etc by making gate impossible to stay open while bin taken through by being too heavy or no latch to stop it self closing while going through.

I do feel sorry for the OP in that she wasn't expecting the neighbour to use it as much as she does. However if the neighbour is using the easement as title deed indicates IE what she is doing is perfectly legal, then the OP can't make her use of the easement harder than it currently is she certainly can't relocate it without neighbours agreement

She could put a fence separating the vast majority of the lower portion of her garden from path so she can have gate and thus enclose her own children and dogs.

Things change over time no doubt when these were built everyone used backdoor as main entrance as front rooms were seldom used on a regular basis terraces were often almost communal with kids and neighbours in and out all the time chatting in backyards while doing laundry etc and the easements would gave bothered no - one but society changes. Privacy matters a great deal more. People don't expect neighbours to just pop in or even family so the easement that was once a normal helpful access is now seen as a nuisance but the law doesn't change with changing society it seems neighbour has lived there for decades and is used to using it has it was historically and views using the backdoor as normal and so directs everyone that way. If the neighbour has used it that way for decades she almost certainly now has prescrtive rights to carry on using it like that. Not what OP wants to hear but practically it is the most likely scenario and will have to learn to live with it. Maybe trying to be friends with neighbour will be best bet.

I'm invested in this - would love an update when OP has the time! ❤

You catch more flies with honey than vinegar, so i would start off by building bridges with neighbours and not antagonising them.
One course of action is to to speak to a property lawyer about legally rerouting the right of way round the outside of your garden and fencing it off. You might have to offer your neighbourd a financial incentive to agree to this. I can't really see any other solution other than moving. As previously said, even if a right of way didn't exist initially, it probably does now.

I wonder if your neighbour has blocked off the access through her garden for the neighbours to her right that should have right of access through it? I know you said you don't have the money, but I think on the first instance buying the deeds for the houses in the row, if only your neighbour and her immediate neighbour, would give you a clearer idea what is allowed.
I don't think any of these sorts of access are meant for full time use and more for bin day, taking waste or supplies too and from a garden so not to bring through the house, and maybe if the house is old enough, coal deliveries.
If it turns out the neighbour does have full access and not just limited, then I would look into moving the access to the end of your garden. Just make sure you have a strong, high fence all around your garden so people aren't tempted to just step over a fence to go through. I know it would mean you have less useable garden space, but it would be more than what you have now as it sound's like you can't really relax in your entire garden. It would probably make it easier to sell should you want or need to in the future.

As others have said check you deeds carefully for the extent and nature of your neighbours right over your garden land.. If is a right of way at all times for all purposes over a defined strip I would section it off, if possible, with a decent privacy fence. If it's for limited use, then you will need to remi f your neighbour of the terms and conditions.