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?? 🙈

You probably are privileged enough to live in a bigger house with easy access from the front

Yeah so all different. What are your restrictions?

We are in the same position and the neighbour has access, the wording in the documents states they have access for putting their bins out and for when they do works at the back, can’t remember the exact wording but it does specify that is for these reasons.

Our neighbours that were here when we first moved in used to use the path through our garden regularly, it seemed they wanted to make some sort of point, but the new ones are more respectful and use it only when they need to. We obviously don’t mind that as there is a right of way for them but it would be obnoxious for them to just use their back door for no good reason. I’m sorry your neighbour is so unreasonable, yanbu

edited for spelling

Access only to the property on the easement only and for access if needed to utilities.
Can't remember the exact wording but basically for the occupier and water company.
Occupier in theory could use it as and when.

Ditto.

You've lived a sheltered life. Have you never seen terraced houses with front doors that open straight to the pavement? How do you think people access their back doors?

Gosh that would drive me mad. Check your deeds to see if there is any restrictions. However there is also nothing to stop you from fitting a lock to the gate so long as you provide her a key. She can make copies and give them out to some but every delivery driver etc won’t have a copy.

So that means they can choose to use your back garden any amount of times they want as long as they’re accessing their house? Ie they’re not just allowed to wander round your garden for shits and giggles and loiter? 🤷‍♀️. But they could use it like the OP’s neighbours are.

I hope you can get something sorted. It's one of the many neighbour scenarios where if they weren't taking the mick, you wouldn't be looking at 'options'.

As with any neighbour issue, keep a log...

It does sound like you could have a claim excessive user. One thing to bear in mind is that easements can be acquired by prescription (long usage). So if it has been used by the neighbours (and their visitors) in this fashion for over 20 years then they may have acquired legal rights to do so.

The simplest solution would be to use fencing to maintain your privacy but if that is not possible then seek legal advice.

We have access across the back of the neighbour’s houses. Actually we have a garage so could bring our cars round but only bother if they need a clean. The whole road is the same and a few houses in each set don’t use their front doors. We go out that way with the dogs and the postie sometimes uses the front and sometimes the back. We just have access- but access for bins. It’s not unusual in this northern town and it’s the for some back to backs just like it is for the £800,000+ mansions who still have shared rear access!

No because the OP's neighbour is using it as a public right of way.

(There are reasons but the easement through my property can't be used - NDN's fault - and has fallen from use so it's not a problem.)

I’m not sure it’s that sheltered, just different areas. I lived in a house like that but there was an alley running along the back with individual gates to each garden. No one had to go through anything belonging to someone else.
Or someone could have only ever lived in flats, and not been aware of the specific access rules for the back of some terraces they’ve maybe never been into.

Our first house was a bit like this - mid-terrace where there were actually pretty decent front gardens, but a path immediately at the back that everybody used as access (nobody ever used their front doors for anything), then the back garden proper. Tbh it was never a problem at all, I actually quite liked it as it meant we talked to our neighbours a lot more than we would otherwise. Quite a few people did put a fence and gate parallel to the path in order to properly separate their garden which worked fine - I don't quite understand why that wouldn't work here.

Chase, you put that so much more politely than I was going to. 😊

Get a self closing spring on the gate.

This is all I can really find.

This is very common near me, and it's nearly always limited access such as for bins etc. Your solicitor should have discussed what was allowed with you.

I’ve rented places with a small courtyard at the back where you can only access the back door through the house, it’s hardly unusual. And thinking about all my friends in London terraced houses with small gardens, not one of them has a garden gate.
Is your point that you have to bring the bins through the house if you don’t have space to store them out the front? Because lots of people don’t have an external way of getting to the back door.

Can you not put a sign in the gate saying access only for bins and not for deliveries etc?

In Terry Pratchett front doors are only used three times in a womans life and she is carried each time. Quite common in my Grandmothers day, but @Deepblueokay 's neighbour is going to be much younger than her, probably closer to my age (53) than my Grandmothers (106 if she was alive)!

Then you need to ask a solicitor about your rights. But do check your neighbour's deeds, their access might be marked on there. We have a right of access which is marked on our deeds but not on the deeds of the land we can cross

It sounds like they should have contributed to the mending of the broken gate

Same as above for someone I know, it’s specific to taking the bins out only you need to check this could make a massive difference

Eek I would really not like this either. For bins once a week it’s reasonable but any more, it’s so intrusive especially over summer!! Why on earth can’t they use their front door instead of intruding on your space. So rude.