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Original poster

Right of way V right of access

111 replies

purdypuma · 08/06/2023 17:44

Hi

Can anybody on here advise as to differences between right of way & right of access? Right of access stated in deeds to my property.
Terraced house with no access from road to NDN garden from road. However parents to NDN live other side of me & my back garden is effectively being used as a thoroughfare between their 2 houses. They have just marched through my garden with my back door wide open (& me stood open mouthed!) Carrying outdoor furniture, not bothered to ask if it's okay etc.
I just feel as though I have no privacy at the moment. I do have legal cover on house insurance.

OP posts:
CwmYoy · 08/06/2023 17:45

They are perfectly entitled to - that's what access is.

MinnieEgg · 08/06/2023 17:51

I think that they are allowed to do that. I'd say moving garden furniture is exactly what it's supposed to be used for.

I'd ask this to be moved to legal though.

Original poster
purdypuma · 08/06/2023 17:51

This is why I'm asking. I have attempted to research this on the Internet & getting conflicting info. It has been suggested that there's a difference between right of ways versus right of access.

OP posts:
Inapicklee · 08/06/2023 17:54

Right of way is a route open to everyone I.e footpaths, byways etc.

Right of access is for this kind of scenario - access across your property to theirs. For example, I live on a private road. I own the bit of road outside my properly. However, my neighbours have right of access over the road to be able to drive into their property.

CountryCob · 08/06/2023 17:54

You need to read the right itself in deeds - is notice required, is it general or only for bins etc, any requirements to be reasonable. The answer is in the wording of the right

MrTiddlesTheCat · 08/06/2023 17:58

Why would someone need to ask if it was ok if the access/way is a right?

Original poster
purdypuma · 08/06/2023 17:58

I have no objection to them taking furniture through, it's more that they could have had manners & knocked to let me know. This is the tip of the iceberg. The other day they walked through my garden at 9pm in their dressing gowns & they on Sunday they passed through my garden 6 times in 10 minutes. I don't mind access for bins etc but when my garden is being used as a thoroughfare to their parents with no regard for my privacy the other side of me then I have an issue. Previous occupants have always used the front door & they moved in fully aware there is no direct access to their garden.

OP posts:
YellowDots · 08/06/2023 18:00

Imagine if they knocked every time though. You would be demented if they knocked six times in ten minutes surely.

Original poster
purdypuma · 08/06/2023 18:05

My opinion is that they should not be using my garden as a thoroughfare in the manner that they currently are, hence me asking if anybody knows differences re right of way versus right of access. I have kept my mouth shut on many occasions, today was not one of them. Looks like I'll be asking a solicitor to interpret my deeds as the wording is a bit vague.

OP posts:
PercyPhelps · 08/06/2023 18:05

We lived in a house with a right of access to two other houses. Our next door neighbour hardly used it apart from on bin day. She sold and the new neighbours used it constantly. It’s really irritating but there’s nothing you can do.

parietal · 08/06/2023 18:09

Right of access means they can walk past as many times as they like at whatever time of day they like. No need to knock. That's just how it is. Sorry.

Original poster
purdypuma · 08/06/2023 18:09

I'm really hoping there is something in the deeds that will work in my favour as it states access. It also mentions that a previous owner of my house had a clause where NDN are charged.

OP posts:
fireflyloo · 08/06/2023 18:15

So are you the middle terrace? Do both neighbours have right of access or just one?

InaHamletinaShire · 08/06/2023 18:16

As many above have said, they have the legal right to go back and forth as many times as they want and with who ever they want and they don’t have to let you know. Our garden is the right of access for 2 properties, our immediate NDN and the next house. Our NDN are lovely and always let us know if anyone is coming. The other ones are arses and will carry a cloth and spray round through 4 gates and walk down the road to their front door to polish their letter box! They go past about 10 times a day. They are on holiday at the moment and it is bliss.

inloveandmarried · 08/06/2023 18:17

I have seen the access diverted around the perimeter of the garden so the neighbour didn't pass the back door. You lose a good part of garden doing this though. But you are providing access across your land which is what you must allow.

Fladdermus · 08/06/2023 18:22

Can you post the wording of the right of access here?

ArcticSkewer · 08/06/2023 18:28

That's exactly what right of access is. They don't have to ask or knock politely. It's a shame for you that they are related and you are stuck in the middle.

Original poster
purdypuma · 08/06/2023 18:45

Access is to the property to the right of mine. Their parents live in the house to the left hand side, I am. I am only joined to them by my bathroom as their is a passageway inbetween.

OP posts:
ArcticSkewer · 08/06/2023 18:50

So how would people usually access the property on the right? Do they have to go through both your house and the property on the left, or is access from the road through your garden only? If so, you can at least stop the people on the left from going into your garden.

MetalFences · 08/06/2023 18:52

It's like a shared drive. They can use it to access their property even though the land is on your deeds.

You wouldn't say 'please let me know what time you are going to be home' or 'you can't go to the supermarket, you've already been to work'.

Barnella · 08/06/2023 18:55

There is a right of access at the end of our garden. It's a terrace of 5 houses and each of us can access their house at the back by crossing their neighbours' land. As the right of access runs along the back, we've all fenced our gardens so that the access path is an alleyway which we all own a bit of. It makes all the gardens a little smaller but means you don't have people walking through. Would this be an option for you, op?

fyn · 08/06/2023 18:59

You’ll be absolutely wasting your money with a solicitor. They’ll have a right to pass whenever they like, it’s incredibly common in terraces.

C4tastrophe · 08/06/2023 19:00

Barnella · 08/06/2023 18:55

There is a right of access at the end of our garden. It's a terrace of 5 houses and each of us can access their house at the back by crossing their neighbours' land. As the right of access runs along the back, we've all fenced our gardens so that the access path is an alleyway which we all own a bit of. It makes all the gardens a little smaller but means you don't have people walking through. Would this be an option for you, op?

Good idea. Move the access to the end of the garden.

Original poster
purdypuma · 08/06/2023 19:03

They have access into their property through their front door on the street & can access their garden from their back door. There's really no need for them to access their back garden through mine unless taking bins out or access for maintenance to their property which is fine but when my garden is effectively being used as a rat run between properties either side of me then I have an issue.

OP posts:
Barnella · 08/06/2023 19:07

Well, carrying garden furniture seems perfectly reasonable at the back. But the fact is, they have the right to use it whenever they like. How long have you been there and how often are they using it? You could always try asking them nicely to avoid going that way unless they have to, but you would be asking a favour as they have the right to do what they are doing.