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Neighbour dispute over shared access

137 replies

Bombshell2022 · 25/01/2024 14:45

Can someone please help. My neighbour has set up a home salon in their shed. They are using shared access for customers. So there are strangers are constantly walking down the side of my house and around the back of my garden to access her garden. I complained to council in March but haven’t heard anything. Surely this isn’t allowed. I don’t know if they are her customers or burglars!

OP posts:
Another2Cats · 25/01/2024 18:24

I would also suggest posting this question to Garden Law. This is a website where they deal with all these sorts of questions.

The situation of terraced properties and right of way over rear gardens is quite common. On the other hand, I don't think there's been a case where the access is being used for business purposes. This is the Right of Way forum:-

https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8&sid=0e4174efdf7f0aca1c7ab3ae712f455a

Rights of Way - Garden Law Discussion

https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8&sid=0e4174efdf7f0aca1c7ab3ae712f455a

CharlotteMakepeace · 25/01/2024 18:48

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Vroomfondleswaistcoat · 25/01/2024 18:53

I live in a property with shared access that runs just outside my back door along the rear of the four properties. I can't remember exactly, but I think there's something in the deeds that says that the access is for rear access to the property (so, the back door) and for the movement of rubbish bins. Perhaps you could check your deeds to see if there's an explicit statement of use for the right of way. I think ours was written in to prevent people wheeling motor bikes or similar in and out. I sometimes go through next door (I am the second house in) when the dog is very muddy and I want to come in the back, and for bins, but nothing else and it would piss me off if next door decided to operate a business and have hordes of people coming past my back window!

Gatewayerror501 · 25/01/2024 19:10

I doubt she has planning consent for her business, as a neighbor who is affected by it you'd have been given the option to voice your concerns. I have a property adjacent to a school, when they needed to carry out extensive building works the standard letter arrived giving the timeline and place to raise objections along with your resons. If you've had no letter, I'd suggest she hasn't applied for the planning consent she would need to run a business from home. If you Google your town name and planning applications, you should be able to find out if she's applied for planning or not and whether it's been granted.

She may also not be declaring her income or paying taxes. If you want her to face consequences and possibly close down, a phone call to HMRC may help.

You could go down the route of approaching her customers directly and telling them they've no rights of access and to leave. Whether they turn round and leave or shout at you or whatever, if you make it less pleasant for them to use this hairdresser by politely challenging them, they may take their custom elsewhere.

Or she may start letting them in through her house, then it won't affect you so much. She probably doesn't want to do this for several reasons. Nobody wants endless people tramping dirt in from outside, seeing where/how they live and what they own, striking up friendships with their DC or bringing friends/family with them who end up sitting on the sofa while the hair appointment goes ahead, all of which is avoided if they don't set foot in the house to begin with.

There's also the issue of keeping what she's doing quiet. If lots of neighbors in the street start to see all and sundry entering/exiting her house at the front they're going to realise where the recent excess cars parking, which may be causing them an issue, has originated from. She'd probably rather have only one disgruntled neighbor (you) to deal with than all the street. Talk to others in the street to see if they'll put in complaints too, maybe it'll make it less likely she'd get retrospective planning consent if she's pissed off half the neighborhood.

People needing to earn a living doesn't mean they have the right to trample over other's rights to a quiet life in order to do so. She could be a mobile hairdresser travelling to client's homes to do it instead.

Daffyyellow · 25/01/2024 19:10

You’ve approached the council. Hassle them.

Go to your local councillor and your MP.

JanefromLondon1 · 25/01/2024 19:13

This reply has been withdrawn

This has been withdrawn due to privacy concerns.

Windymcwindyson · 25/01/2024 19:15

Google her address. If she has a business registered it will show..
If not report her to hmrc...

winniebeen · 25/01/2024 19:17

I think you should draw us a diagram showing the route of the people.

Is there a way for you to fence off your garden so they are just walking down the middle shared bit?

Beckafett · 25/01/2024 19:24

Isn't this a private dispute if 2 private properties? Also are they actually walking through your garden as if not then what's the issue?

Terrrence · 25/01/2024 19:28

Who owns the land that has shared access? Do you own it and she has access or does she own it and you have access?

Bombshell2022 · 25/01/2024 20:58

I have no problem with her working in her dirty damp shed but I do have a problem with people walking up and down a shared alley way to access it. I don’t know if they are Customers or intruders. I didn’t but this house on the basis that it had access to a salon. It wakes my 1 year old as kids are getting their hair braided at 9pm and shouting in excitement as they leave!
ehy can’t they go through her house???

OP posts:
HeddaGarbled · 25/01/2024 22:23

This is a bit like pulling teeth but at least we now know that it’s an alley way not your garden.

SD1978 · 25/01/2024 22:30

So there is an alley between your property and her property, at no point does she or they set foot on your own property? How thin are the walls that someone walking down there is having that big an impact on you or your child? Is there any window that look onto the shared alley, or do you just see fence?

HeddaGarbled · 25/01/2024 22:33

This sort of thing?

Neighbour dispute over shared access
Gatewayerror501 · 26/01/2024 00:23

Another avenue to take is a noise nuisance complaint against the business, raised with the council. I don't know if that would be planning or environmental health. If she does have planning consent for hairdressing at 9pm it will likely be on the basis that she's done/doing something to mitigate the potential noise nuisense to neighbours. If they've already woken the baby I'd be inclined to stick my head out the back door and tell the inconsiderate twats what they've done and to STFU unless they want their favourite hair salon closed down.

Fraaahnces · 26/01/2024 00:32

Honestly, you are much more likely to get results by complaining about the business in a residential home than you are about the intrusion from shared access. I would include the intrusion in the complaint about the business as well though. You never know who is scoping you out when there are so many coming and going too. (Put up cameras - will serve as evidence.)

POTC · 26/01/2024 01:51

My dad lives in a property like the one in the photo and when I lived at home you could absolutely hear every noise from that alleyway! My bedroom was above it and so was one other, it would definitely have woken a baby!

Roselilly36 · 26/01/2024 05:00

Most businesses run from a residential address can only be clerical in nature, otherwise you will need permission from the Local Authority, have you checked the planning portal? If the neighbour has permission it should be listed on there, it’s a public record that anyone can access.

FloofCloud · 26/01/2024 05:30

What's in your own deeds about running a business from your home? Is assume your neighbours says the same as yours, but you can always check by obtaining her docs online it's only a few pounds.
Also check what shared access allows. The Website Garden Law are pretty good but certainly get legal advice

Bombshell2022 · 26/01/2024 06:06

Some really useful points here thank you. Her customers have to walk down the side of my house past my sons bedroom which they can see in to and my baby daughters room is above. Sometimes they are loud giggly kids. They also pass my back gate and shed. I’m just sick of the inconsiderate ones who think it’s ok to walk across my driveway, leave litter down the side of my house. I’m now waiting for the solicitor to call me back and will try the council again today as I have the reference number

OP posts:
redheadsaregreat · 26/01/2024 08:03

Anjea · 25/01/2024 15:47

Her mortgage might not let her work from home but I think it's pretty crap to ruin her source of income. She's not running a crack den

No one would be ruining anything. She can let the clients ever through her own house rather than on the OPs land.

Domestic access over neighbour's land does not mean commercial access. Are you seriously saying you'd be ok with strangers walking across your garden all day? I doubt it.

redheadsaregreat · 26/01/2024 08:03

Alwaysalwayscold · 25/01/2024 16:37

Is this really affecting your life so much that you begrudge someone earning a living? Jesus Christ it's hard enough to earn money as it is these days without neighbours trying to ruin it for no apparent reason.

The clients should just enter through the neighbour's house ffs

redheadsaregreat · 26/01/2024 08:05

Terrrence · 25/01/2024 19:28

Who owns the land that has shared access? Do you own it and she has access or does she own it and you have access?

Obviously the OP owns it otherwise they wouldn't be posting

redheadsaregreat · 26/01/2024 08:06

@Terrrence or maybe it's shared ownership and then the OP is being unreasonable

Holidayhell22 · 26/01/2024 08:13

Ate you sure you can’t put a gate up with a lock on. Then give her one key only.
Let her then have to complain and go through all the correct channels to have it removed.
Play her at her own game as it were.
It might result in her clients knocking on her door, and going through her house.
Also Dias posters suggest and report her for running a business from a non commercial property. There are very strict rules about this.