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Original poster

New neighbours think they have access rights across my garden - help!

79 replies

withextradinosaurs · 16/04/2014 15:30

I have new neighbours.

They have been told by the ex-neighbours that they have access rights through my side gate to bring large items e.g. sofas into their house if they won't fit through their door.

I allowed the ex-neighbours to do this when they moved back in (they were living elsewhere for a while) but it was as a neighbourly gesture.

I have also checked with the previous owner of my house, who says the same - when the ex-neighbours moved in for the first time, he kindly allowed them to use the side passage but out of goodwill not obligation.

The new neighbours did not accept my word that they had been misadvised.

I am very upset now as my privacy is important to me and I deliberately bought a house with no shared access.

What is my next move? Should I get a solicitor to write and set out that they have been misinformed? I fear they might have bought the house with the belief that they can come across my garden when they need to. (I am the end of a terrace built in the 1980s).

Can I be that certain just from seeing my own deeds?

Please help!

OP posts:
Original poster
withextradinosaurs · 16/04/2014 15:31

PS My conveyancing solicitor is no longer practising so I can't go back to him.

OP posts:
StuntBunny · 16/04/2014 15:33

Can you put a lock on your side gate, then it's up to you whether you allow them access?

LIZS · 16/04/2014 15:34

Your original conveyancing paperwork should state if there is a right of way or access , as should theirs. Land registry may not be clear on it though .

Dumplings4ever · 16/04/2014 15:34

I would look at the deeds to your house to see if any right of access is mentioned.

I would also tell new neighbours that you are not aware of any access rights so it is upto them to prove they have legal right of way BEFORE they use your property.

Word of mouth is not enough and if your ex-neighbour misled them that's NOT your problem.

cakeymccakington · 16/04/2014 15:35

i think you should make sure that there isn't any access agreement that you're unaware of.
if there definitely isn't then i would just say to them that you're sorry, but that's just the way it is.

Watto1 · 16/04/2014 15:35

Padlock on the gate first and foremost.

I'm no expert, but surely it's down to them to prove the they DO have right of way, rather than you having to prove they don't? Until they come up with documentary evidence, refuse access unless they ask you first.

scarletforya · 16/04/2014 15:36

Ask them to prove it. If they can't prove it then no problem.

Watto1 · 16/04/2014 15:36

Huge x-post!

TheReluctantCountess · 16/04/2014 15:37

Check your deeds and tell them to check theirs.

Dumplings4ever · 16/04/2014 15:38

Oh yes - PADLOCK is essential until they new neighbours prove otherwise!!!!!!

Original poster
withextradinosaurs · 16/04/2014 15:55

Thanks, everyone!

I don't have very much paperwork, the solicitor did a really poor job and I am not surprised that he was done for malpractice. All I have is the Land Registry entry.

I don't really need to padlock my side gate (but I will just to make the point) - this is because there is no gate in the fence between us - it has to come down if they want to take furniture across my garden.

I want to put a fence up on my side to make sure that the garden is secure.

We had a conversation yesterday when I said that I did not believe there was access - should I put this in writing?

OP posts:
TheGirlFromIpanema · 16/04/2014 15:58

Just as a caution - in my area all ex council houses still have access rights over neighbouring properties as standard. Loads of council or now ex council, properties have side access through other properties so it makes sense round here.

Worth checking if this is the case?

TeenageMutantNinjaTurtle · 16/04/2014 16:03

Hold on a minute... am I reading that right that there is no actual access? That the fence would have to be removed for them to have access? I think that makes it pretty clear.... just tell them no. And yes to the lock on the gate even if its not really necessary.

Coconutty · 16/04/2014 16:06

This reply has been deleted

Message withdrawn at poster's request.

Original poster
withextradinosaurs · 16/04/2014 17:04

Who knows, coconutty! What if they decided they wanted to keep a motorbike in their back garden rather than on their drive, and wanted to bring it through every day?

Ninja, yes, there is no gate in the fence.

OP posts:
Bananasandnutella · 16/04/2014 22:21

Shared access is quite an old thing which I would have imagined were phased out ahead of your 1980s property being built.

If you don't actually have gate I'm not sure how they'd be a pain?

When I moved into my house my neighbours at the end allowed me to come through their garden and get stuff over their fence. This includes furniture, patio doors, windows etc over the years. I always asked in advance and they've always been happy to help.

Just used people either side, no fence came down.

Original poster
withextradinosaurs · 17/04/2014 06:43

It's a pain because knowing the fence is going to get pulled down puts me off making the garden nice.

I was going to have a big effort on it this year and make a veggie patch but held off when they told me they were moving out, because obviously it was all going to get trampled.

The consolation was going to be that once they hd gone i could finally get on with it, but they've passed on this expectation to the new guys.

OP posts:
spinnergeologist · 17/04/2014 07:15

I think you need to ask if they have any evidence in their deeds of access and not just word of mouth. Maybe mention wanting to do up the garden and that obviously occasional access could be discussed if and when needed as long as it didn't damage the garden. Hopefully that should keep up relations while still making a stand on continued access. If you just stuck in a second fence and it turns out they are correct about the access you will have spent money for nothing.

NickNackNooToYou · 17/04/2014 07:29

Just tell them they have been misinformed, the old neighbour was only allowed access as a gesture of goodwill from you so they could move their oversized furniture.

Be clear, concise and confident when you tell them. Then garden to your hearts content.

YouDoVooDoo · 17/04/2014 07:30

Your household insurance may have a free legal advice line, it might be worth giving them a ring.

IMO it would be up to the neighbours to prove they have a right of access rather than for you to prove they don't so unless they come up with the goods I think you can legitimately hold your ground.

You could write to them asking them to provide legal documentation of their right. Leave the cost of investigation in their hands and that way if it turns out they have got the right of way, you have evidence that you asked for proof rather than were being deliberately obstructive.

AliceDoesntLiveHereAnymore · 17/04/2014 07:40

I can't believe that ANYONE would think it's okay to expect a neighbour to pull down a section of their fence in order for a sofa to be moved in or to provide access. Anyone with an ounce of common sense would interpret a fence as "no access here."

I realise there are always some genuine exceptions, such as when a homeowner tries to block legal access, but surely if they were that concerned about it, they'd check into it further and show you proof (if it existed)?

RoganJosh · 17/04/2014 07:42

You can check their deeds for £3 on the land registry website.

Original poster
withextradinosaurs · 17/04/2014 07:56

I've downloaded their deeds - it's a summary copy, but there's no mention of access, on mine or theirs.

OP posts:
YouDoVooDoo · 17/04/2014 08:01

Our old house had a shared drive way and the right of access over it was very clearly marked on the deeds. Sounds like case solved, they're talking out of their arses. Enjoy your fresh veggies!

wigglylines · 17/04/2014 08:02

If you want to be neighbourly you could say you're prepared to do it just once, as they've just moved in, but after that it won't happen again as you're planning to garden and don't want to have to keep moving fence.

(but only if you want to!)