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Can my neighbour come through my back garden to get to his?? Ok

277 replies

dg8484 · 02/09/2019 19:02

I've moved into a rented property before (never rented before, recently divorced so moved out of mortgaged home)
I was in my kitchen today cleaning and getting ready for Fridays removal van. When out the corner of my eye, I saw a man directly walking past the kitchen window. It is a row of town houses, I am the first one, so instead of using his front door, this man is opening the side garden gate to the house I'm in, and going through to his garden. I will be phoning the rental company in the morning, but surely this isn't right!? I am going to tell the rental company I want to put a lock on the gate. Also, I have a heavy garden table which I've put directly next to the gate. If I see him climb over it then I won't be happy. It's not a communal garden, it's individual gardens. Any advice??

OP posts:
dg8484 · 02/09/2019 19:36

@FredaFrogspawn there's no communal path only a side alley to my garden?

OP posts:
HeadsDownThumbsUpEveryone · 02/09/2019 19:37

Bit of a shame the landlord never mentioned this to you, though depending on your area, it might be common enough he assumed you'd know?

I was wondering that. I know the OP says its a new build but if all the houses in the area are similar including the new builds it might not have been something he thought needed mentioning as its so common.

dg8484 · 02/09/2019 19:37

@SpamChaudFroid will get to the bottom of it but you're right I wouldn't dream of I got through someone's garden and not closing their gate!

OP posts:
boniobiscuit · 02/09/2019 19:38

To be honest, this sounds perfectly normal for where we are in the NW.

We live in an end terrace and 2 neighbours have right of way through ours to get to and from the ginnel.

It's never been an issue, everyone is perfectly respectful and if anyone new moves in I just ask that they make sure they close the gate as we have dogs.

My belief is that the right of way stems from when the back yards were completely separate from the back gardens and had a long path/right of way along the length of the whole terrace. I've heard so many lovely stories of kids all learning to ride their bikes up and down the back lane, kids being in and out of each others houses and, quite honestly, it all sounds as if it were quite idyllic and a lovely way to live. It was only (around here anyway) in the late 70's and into the eighties when some people started putting fences up, but, of course, as it is a designated right of way, there has to be gates allowing access between the gardens.

Why don't you just have a conversation with your neighbour? He'll be able to tell you what's what and you'll be able to ask him to ensure the gate is closed for your little one.

You might not be getting off on the right foot by blocking the gate with your table..

littlemeitslyn · 02/09/2019 19:38

My garden has right of access, it's in the deeds.!in reality neighbors have erected a 6ft fence!🤷🏼‍♀️

dg8484 · 02/09/2019 19:38

@BuildBuildings think it's a downside to renting instead of buying. I'm not used to having such little knowledge about it when I've mortgaged before and had deeds etc.

OP posts:
dg8484 · 02/09/2019 19:40

@HerSymphonyAndSong I'm hoping so! Will get my facts right tomorrow and go from there

OP posts:
littlemeitslyn · 02/09/2019 19:40

My house is bought, rest of terrace is rented

Snowpatrolling · 02/09/2019 19:41

Does he have a back door to get to his garden? Like when I lived in my house I had a front door then back door in kitchen that led out to my garden.

dg8484 · 02/09/2019 19:42

@boniobiscuit yes, I'm not the type to jump in and cause trouble, however I've never experienced this before and i don't understand why he would leave the gate wide open.

OP posts:
flumpybear · 02/09/2019 19:42

Need a diagram

If a gate was placed somewhere else in the fence could he access from elsewhere?

I'd be cross with LL if they didn't tell you something like that as you need security with a young child which is t possible if you've got neighbour(s) wandering in and out

JoxerGoesToStuttgart · 02/09/2019 19:43

Ive never understood why houses were ever built with gardens people had no individual access to! Especially a new build! Why not make the gardens 3ft shorter and have a path across the bottom end of them so nobody is using anyone’s garden.

dg8484 · 02/09/2019 19:43

@Snowpatrolling front door then back door leading to garden

OP posts:
MyDcAreMarvel · 02/09/2019 19:43

Can he get to his garden from his house ? If so he doesn’t need to be in your garden.

MyDcAreMarvel · 02/09/2019 19:43

Xpost then he isbeing ridiculous.

Lellochip · 02/09/2019 19:43

My belief is that the right of way stems from when the back yards were completely separate from the back gardens and had a long path/right of way along the length of the whole terrace.... quite honestly, it all sounds as if it were quite idyllic and a lovely way to live

I don't know about my garden, but all my street's cellars had adjoining doors so people could walk through all of those. Mine was apparently bricked up by a previous owner to stop the neighbours stealing their coal Grin

dg8484 · 02/09/2019 19:44

@MyDcAreMarvel all the row have back door leading to their gardens and front doors to their house. No idea why it's like this.

OP posts:
Mummyoflittledragon · 02/09/2019 19:44

The landlord should have told you. I’d be furious if there is a legal right of access. If you have a child or dog and the neighbour leaves the gate open it’s a real danger.

tigger1001 · 02/09/2019 19:44

We are end terrace and the neighbours all have right of way though each other's gardens. Thankfully though none use it but I couldn't stop them if they chose to use it to put their bins out etc.

dg8484 · 02/09/2019 19:45

@Mummyoflittledragon exactly. I feel like my child can't go out to play safely

OP posts:
UpsAndDowns13 · 02/09/2019 19:46

It's really common in some northern cities. My house is the same. We don't use our front door, we walk down the alley and through next door's garden, through a gate into our garden and in the back door. Don't block his access, you might land yourself in trouble.

Lunafortheloveogod · 02/09/2019 19:47

Get a gate closer, it’s a little spring that pulls the gate back n closes it for you.. or lazy neighbours.

Houses like that are extremely common here, usually so far along the row there’s an alley too so that say how 5 doesn’t have to trail through gardens either side so it’s usually 1-2 that go in one way 3-4(alley here)5-6, and 7-8 on the end.

How do you get your garden waste out of a completely enclosed garden with no access? Surely you didn’t drag a wheelie bin of crap through the whole house.. or a lawnmower basket at a time. Most here keep all the bins out back as it keeps the fronts nicer in general too, but garden ones well go in the garden.
Perhaps asking neighbour nicely if he could close the gate on his way through so dc’s don’t get out is a start.

Jesse70 · 02/09/2019 19:47

Yeah that would really annoy me ! Especially with a toddler
Imagine if u and let the toddle rout to play and then all of a sudden there was a strange man in your garden ! I think the letting agency should of told u about this

HeadsDownThumbsUpEveryone · 02/09/2019 19:48

I feel like my child can't go out to play safely

But your child can play outside safely. He's only going to be passing through your garden as he comes in or out. Yes he was impolite to leave the gate open but that can be solved by a quick conversation.

JoxerGoesToStuttgart · 02/09/2019 19:49

We don't use our front door, we walk down the alley and through next door's garden, through a gate into our garden and in the back door.

Why??? You have a front door which sounds like a much shorter journey to your house that invades no-one else’s space.

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