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Original poster

Neighbour Dispute re Right of Access

96 replies

Neenpeensupreme · 30/07/2017 20:45

First time poster at my wits end!
Hi, I was hoping someone could advise me. We live in an end terraced house. Our elderly neighbour next door has a right of access to the path round the side of our house. She never uses her front door. Her family never use the front door either and all traipse round the back. We hate it as we have no privacy as they are literally walking past our back door. It wouldn't be the first time I've had to duck in my own kitchen as I've only got a towel wrapped round me and her son has walked passed. Also in the winter, they walk round in the dark giving me a real fright when I see a face at the window! In the summer when we're eating dinner outside the pass within 3 feet of our table! We have never said anything but things have gotten worse in the last year as sadly her husband passed away so her family visit more regularly. This is completely understandable but they still use the back door so on average they pass half a dozen times each day and more at the weekends.

We are in the middle of putting a six foot fence up which I had permission for (even though I didn't need to) but we know how difficult she can be. (It also has slip bolt lock). There are numerous reasons why we're putting it up. I.e. First and foremost, privacy, as where the neighbours sit in the garden they can look straight into the house. We have had people use our garden as a shortcut to get to the canal, we are planning on getting a dog in the near future. I inherited a lot of expensive garden ornaments when my dad passed away a few months ago.
Anyway, we thought this was the ideal time to ask her if the family could start using the front door. She has point blank refused. Now as far as I'm aware she should only be using the path for taking bins out and for workman etc. The issue I have I can't find any literature stating this.
Things have gotten out of hand a few days ago when we locked the gate and her son tried to get round. He banged our front door and started shouting abuse at us, he then threatened my husband to the extent we had to call the police.

Since then I have been to Citizens Advice Bureau who agreed with me it was unacceptable and they wrote a letter on our behalf to ask them to stop them using the path. I have phoned the council who again agreed this shouldn't be happening and suggested a mediation meeting. Over the last few days they have continued to ignore our pleas and defiantly walk past out back door. I suffer from anxiety and panic attacks and my husband had a TIA a few months ago and this is completely stressing us out. We just don't know where to go from here, short of seeing a lawyer

OP posts:
ClaudiaWankleman · 30/07/2017 20:51

What does it say in the deeds about the right of access?

You will probably have to pursue the mediation as the way forward. Sounds like the council are going to back you in that, which is a plus.

MaryPoppinsPenguins · 30/07/2017 20:58

So she's allowed access but you're building a fence blocking that? Or do I not understand properly? Confused could you draw it?

I had something similar in our first house where we had the right to drag our bins through neighbours garden as ours was behind and private with direct access from our house, and theirs was to the side... they used to complain constantly but there was nothing they could do about it...

Bluntness100 · 30/07/2017 21:01

What do the deeds say? Unless it limits her right of access then you need to permit her.

flickerty · 30/07/2017 21:03

But if she has right of access then surely she has the right to use it to access her property?! I'm confused too. Diagram needed!
Have to admit, after years of using the back door i wouldn't be too keen on changing that to please a new neighbour. Sorry..
Also not sure how you could enforce a rule that says you're only to use a path to take bins out? Not heard of that before ?!

... diagram pls Grin

wowfudge · 30/07/2017 21:05

Things seem to have got out of hand and you should consider mediation to at least get things on a civil footing again.

But - if they have a right of access then I am afraid you cannot prevent them from using it. The place to look for the details is on your Title Register which you can download from the gov.uk Land Registry website for £3. That's if you are homeowners or private tenants. If you are council/housing association tenants then the details may be in your tenancy pack. You can't move into somewhere knowing this then object to it. You have to imagine worst case scenario, which is constant use unless the right of access is limited to certain things. As for them being three feet from you eating, well that could easily be the case just by being in their own back garden when the houses are terraces.

Your fence is fine for privacy, but you can't lock the gate and deny them their right of access. For the window, get a cafe rod and half voiles/nets or bottom up blinds or privacy film. You can get one way mirror film which means you can see out but anyone looking in just sees their own reflection.

I'm afraid it sounds as though the situation is largely of your own making.

flickerty · 30/07/2017 21:05

Sorry I really don't understand how you are allowed to put a lockable gate there which means she can't use the path that she has the rights to??

PoisonousSmurf · 30/07/2017 21:07

Put net curtains up in the kitchen. Then they can't look in. What's wrong with their front door? Is it broken? Or is the hallway another room?

BlackAmericanoNoSugar · 30/07/2017 21:08

Do you have an obligation to maintain the path? I'm just thinking that if all her family were tracking mud into her house every time they go around the back of yours then she might be more inclined to use the front door.

However, if she's old, she might be of the generation that believes the front door is for priests and policemen only, and that ingrained attitude might be hard to overcome.

wowfudge · 30/07/2017 21:09

Their front door is of no concern - if they have a right of access, they have a right of access.

SoupDragon · 30/07/2017 21:10

I can't believe anyone thinks it's acceptable to walk through someone else's garden all the time when they have a perfectly accessible front door.

For occasional access yes but all the time?? That is unbelievably selfish!

Having said that, if the deeds do not limit the right of access, I suspect there is not a lot you can do.
,

twoheaped · 30/07/2017 21:10

You bought the house with the access in place, I can't see how you can be peeved about it?
I had this arrangement as an end terrace owner. I fences the garden off for my dog without affecting the access. It can be done.

AndNowItIsSeven · 30/07/2017 21:12

I don't understand why they can't just use the front door ?

notapizzaeater · 30/07/2017 21:13

I thought all terraced houses had access round the back ? Have had in all the ones I've lived in

wowfudge · 30/07/2017 21:13

@SoupDragon - these kinds of rights of access exist in lots of places. If someone doesn't like it, they don't have to buy the house affected by the rights of others.

MeanAger · 30/07/2017 21:13

Is there any way you can move her access to ten bottom of your garden away from the house and then fence between there and the rest of your garden? So her access would be walking across the very bottom now where near your back door or window and you could completely enclose the part of your garden that is close to the house.

SoupDragon · 30/07/2017 21:13

If there is no requirement to have a paved path I would be tempted to make it as muddy as possible.

PaintingByNumbers · 30/07/2017 21:14

Some areas, this is a completely normal occurence. What do other people nearby with the same access do? Do most people use front or back? You cant lock that door unless you gave her a key

AlexanderHamilton · 30/07/2017 21:15

WE lived in a similar house. We also had a lockable gate but it could be unlocked from the inside. Our neighbour used the right of access on bin day & very occasionally for gardening/to let the window cleaner in.

To let anyone in she had to go out of her back door & let them in. We had a dog so had to have the gate closed at all times.

What do your deeds say?

SorrelSoup · 30/07/2017 21:16

I've rented a house like this. I would probably put some trellis type structure up to define my own back yard but you can't block their path beyond thst area or their access. It's a pita but you'll have to live with it. I would put a security light up so you have warning during the winter and also use window coverings if you know that strangers walk past your window.

SoupDragon · 30/07/2017 21:16

- these kinds of rights of access exist in lots of places. If someone doesn't like it, they don't have to buy the house affected by the rights of others.

Yes, I am. Well aware of that. I lived in a mid terrace house with right of access across my neighbours garden and out to the front. However, I only ever used it for the bin because I'm not an inconsiderate neighbour and had a rather useful front door.

SantasLittleMonkeyButler · 30/07/2017 21:17

Were you aware of the access issue when you bought the house?

Like you, I would absolutely hate it - but had I known that my neighbour had a right of access across my garden I wouldn't have bought the house Confused.

mokaerisifhija · 30/07/2017 21:18

Move to another house without a right of access over the garden.

If you escalate thus dispute you will have to declare it when you try to sell and it could reduce the value or put people off completely. Better to say that discretion is the better part of valour and extract yourself asap.

Bluntness100 · 30/07/2017 21:19

Why do you think it's only for bins and workmen also? It's what rh deeds say and if they give right of access with no restrictions, then you need to,provide it.

wowfudge · 30/07/2017 21:19

Okay @Soup - but when such a right exists across or alongside your property, you cannot expect others to be as considerate as you are.

SquashedInTight · 30/07/2017 21:20

Could you create a path round the outside of your garden so they don't walk literally past your window? And fence it?