Right of way V right of access

[purdypuma]

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.

In terms of saying you want to reinstate the access-way at the back of the garden, this isn't your choice.

Your deeds will state where the right of access is, and if it's across next to your kitchen window, then you can't change that.

Your opinion and your want for privacy don't change the deeds of the property and this should have been explained to you when you bought it.

I’m sure OP was told when she bought (it’s rather basic stuff legally) but didn’t consider the actual implications.

In fairness, she probably didn't know that the two sets of neighbours are related, which seems to be driving a lot of the use of the right to access. But a good solicitor would have outlined the worst case scenarios - which is why using cheap boilerplate online conveyancing companies is a false economy.

Ok, this depends on which country you are in

if you are in Scotland and the properties are registered, then the Title Sheets will hold the answers. Non registered properties remain in the Register of Sasines.

the plans may show the route of the right of access, usually tinted blue, or it may be referred to verbally, which usually means it is a more general right and not restricted to any specific part of the garden

those benefiting from it will have this stated in the A Property Section. Any qualifying details regarding usage may be contained in this section or in the D Burdens Section

those burdened by the right of access will have this referred to in the D Section, along with details. It is a title condition.

this type of access is incredibly common.

hope this helps

I get the impression the parents moved in next door when the OP was already living there. So it wasn't an issue until they turned up.

I note that in a previous response, OP states that the NDN overheard her objections and came "arguing the toss".

Purdypuma - while I have every sympathy with your feelings, I have to warn that you are on very dangerous ground. Any kind of neighbour dispute is a nightmare of which I believe you have no conception. If you're annoyed now, imagine how stressed you'll be if /when they up the ante, or start legal proceedings against you for court direction regarding the RoW or go so far as to say that your 'huffing and blowing' constitutes harrassment.

Living in a hostile environment usually causes stress or emotional illness or drives one party to sell up at a loss and deal with all the hassle of a move. The legal helpline on your insurance will not help as the RoW matter is a non-issue...you bought knowing it was there!

I suggest you do a bit of reading on the Garden Law website and/or the Neighbours from Hell to gain some inkling of the muddy, shark infested waters you are so happily stirring up.

I wish you luck in getting this sorted out to everyone's satisfaction but please take on board that too many of us know to our cost what we're talking about.

I consider myself a good solicitor @MissLucyEyelesbarrow . I’ve not had a complaint against me in 15 years of conveyancing. There’s no way “neighbour’s relative moves in the other side” would occur to me in worse case scenarios. And OP hasn’t said what type of firm she used.

Sorry I didn't mean warning about relatives specifically - I meant warning that the neighbours would have an unfettered right of access, unless the deeds say otherwise.

From the OP's comments, she seems to have assumed that the right would only be exercised occasionally - it's that assumption that was probably wrong and that could have been counselled against.

OP - as PP have said we need to see the actual wording, and a diagram would be helpful.

In one of your posts you said that there’s only access through your garden for the right hand neighbours, not the left. If that’s the case can’t you block off access for the left hand neighbours? That would solve the problem while still retaining the right of access for the right hand neighbour. It’s hard to tell without a diagram.

I’m in an end terrace and my neighbours have right of access. It was never used until one neighbour moved in and wanted to use it a the time. I’ve got autistic DC and they just wouldn’t use the garden if someone could randomly appear so I was going to sacrifice part of my garden and fence off the access path than runs round the perimeter. As it happened, the neighbour moved out and the next lot blocked their own access with a huge fence so that was great 😅😅 So I do completely understand the frustration, especially if it was barely used before. But if there’s no way to legally block the left hand side, then your only option is to change the fencing to divert them around the bottom of your garden, assuming that’s where the right of access actually lies.

Just to clarify a few bits - I've owned the house for over 20 yrs & the neighbours to the left moved onto their home years before that. In all honesty I can't remember if there were any discussions with my solicitor re boundaries.
The daughter & her partner moved into the house to the right of me approx 18 mths ago. Initially the relationship with parents to the left was fine for approx 14 years no issues. There was a slight disagreement re parking & since then its been cordial..the father asked me to let him know if his daughter caused any issues & I stated I was fine with them moving in next dr as I already knew them.
The only other issue raised since the daughter moved In to the right was as they were leaving the gate open from their garden into mine. Their gate opens into my garden not theirs & was banging against the wall when left open.
I have never mentioned having an issue with them going through the garden as I have absolutely no issues about taking bins through etc & I am happy for them to take them past my kitchen window. However I do have an issue with the path past my kitchen window being used as a thoroughfare between 2 adjoining properties. I have had a new garden gate put up recently & I was hoping this would be a deterrent for my garden being used as a thoroughfare.
At the moment I have next to no privacy as I do not know who will come into my garden at any time. I'm sure if the shoe was on the other foot then it would be a different matter in their case. Quite frankly I have no interest In good neighbour relations with either side if this is they how they consider this a decent way to behave.

Quite frankly I have no interest In good neighbour relations with either side if this is they how they consider this a decent way to behave.

Sigh. But can't you see that you are more likely to get them to do you a favour - even if they're twats - if you launch a charm offensive? You keep sounding as if you think they are being unreasonable but your problem is that - legally - you are (probably). You will get nowhere by standing on your rights, because you don't have any.

Your options are:

1. Get arsey back. Result: they may escalate, if anything
2. Swallow your understandable frustrations and try to charm them. Result: possible improvement and at least unlikely to get worse.

Also, as PPs have warned, if you get into a dispute with them, you will have to declare this when you try to sell. And - given the cause of the dispute - it will be a massive red flag for potential buyers.

TL:DR - if you carry on in your current frame of mind, you will make your neighbours' behaviour worse, and wipe thousands of the value of your house.

You need to check this out. They can't just move the right of way because they chose to put a fence up. If the right of way is at the end of your garden then they have no right whatsoever to cross other parts of your garden.

We need diagram. Right of access may be via a specific route which you could fence off to avoid being disturbed. This would be indicated on your title plan .

A right of access isn't like a footpath. It won't necessarily stipulate a specific route. Again, you need to refer to the deeds. There may be some stipulations about reasonableness or purpose of access, which could be useful.

This is why I intend on consulting with a solicitor. I have never objected or said they cannot have access but yesterday annoyed me & I have let it go for too long. Once I've seen a solicitor I will know my legal standing/options.
Apologies I have not posted a diagram or deeds but I am at work at the moment & then a family get together so I will post these as soon as possible.

I'm picturing this, am I close? 🤔Blue being the path they're taking, compared to where your kitchen window is

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

this website has some excellent advise on boundaries and rights of way

This is very common in that type of terrace house. In my experience people regularly walk through adjoining gardens go access their back doors/ gardens . It's the way those houses were built

Unfortunately the last paragraph does seem to indicate that excessive usage is not a cause for complaint - which is a bit of a buggar if correct

As a start, isn’t there a path marked on the deeds for where their access is meant to be?

OP you want legal advice but you’ve not posted what your deeds say, despite numerous requests.

There are lots of lawyers here - we can help you if you help us.

Ah so there is a passageway between you and their parents? So actually they are taking the piss as they should go round the front and up the passage to their parents not across your back garden.

You're not wrong OP to be miffed.

simply want to be able to enjoy some privacy.
Unfortunately in that type of terrace property with right of access you can't. Didn't anyone explain that to you when you bought the house?

Why does the pathway make a difference? I'm in the position of NDN parents, if I want to visit the neighbour where the OP'S NDN lives, I would use the same path the NDN use themselves

@BBotterMon Can you say why you'd choose to go through the neighbour's garden rather than use the front doors and pavement? This might help OP understand why her neighbours are doing it.