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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:
Throwncrumbs · 09/06/2023 15:50

purdypuma · 09/06/2023 13:34

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.

Can’t you keep walking up and down between these house because surely if they have access, so do you…see how the like it !

Lellochip · 09/06/2023 16:08

hedgehoglurker · 09/06/2023 15:18

@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.

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Everyone uses the back door as their main one here (can't even open my front door) so it involves using the access through the neighbours, it's just the way it is.

CaptainMyCaptain · 09/06/2023 16:49

Lellochip · 09/06/2023 16:08

Everyone uses the back door as their main one here (can't even open my front door) so it involves using the access through the neighbours, it's just the way it is.

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It's very common with terraced houses in the Midlands and North. Sometimes the front doors open direct on to the street so are rarely used for this reason. Sometimes as above its because it's a small room and furniture is in the way.

If the one neighbour has right of access it's normal with this arrangement for their visitors to access the house this way too.

hedgehoglurker · 09/06/2023 17:07

OP doesn't mention this being their usual method of accessing their properties. It seems to mostly be for going between the 2 houses, otherwise they would appear to use their front doors. Could OP clarify?

dreamersdown · 09/06/2023 17:18

dont know if this is too left field - but would you consider a house swap with one of them?

JaukiVexnoydi · 09/06/2023 17:31

There is a difference between right of way and right of access but it isn't relevant here.

A right of way means that anyone can go along a path any time they like for any reason. Eg if a farmer has a right of way across their farm then they can't block it off or stop people using it.

A right of access is more limited - allowing people access for the specific purpose of reaching to or exiting from a particular property. That's what your neighbours are doing and they have every right to do so.

With a right of access you can't stop your neighbours or their parents from using it, but you could stop random non-residents from using the path e.g. as a loop on their morning jog if they weren't actually needing to visit the house. That's irrelevant obviously

Houses with right-of access issues like this are cheaper than houses without - both the ones who can only access their back door via a neighbour's garden and those who have to allow their neighbours this access. So people either upgrade to a more expensive street where each house has independent access or they put up with the inconvenience as the price of the lower cost.

Ilikejamtarts · 10/07/2023 15:06

Did you seek an advice from a solicitor In the end OP?? I can sympathise, I was in the exact same situation with my neighbour trapsing through my back garden to go visit other neighbours along the row instead of using the front doors and this would be multiple times a day. she had the cheek to start taking cuttings off my plants while she was On her way through which I asked her to stop and she denied but I had her on camera doing it. Came to a head for me when she decided it was OK to walk into my house because the back door was open!!! We had no end of problems with her in regards to pushing her luck with the access. Are either of your neighbours on the end of the row or are you all mid terraces??

Original poster
purdypuma · 22/07/2023 03:35

Apologies no update as yet, not managed to see a solicitor as the clutch went on my car which has proven very expensive! They seem to be using my garden as a thoroughfare a lot less than previously at the current time when I am at home at the moment.

OP posts:
garlictwist · 22/07/2023 04:06

We have eight of access across our neighbours back garden to get to ours because there is no access to our back garden from the street.

We only use it we need to bring something big round that can't be taken in by the front or if we are have garden tools to do the garden.

We never use it "just because" and always go through the house to get out into the street. I think your neighbours are taking the piss.

MarieG10 · 22/07/2023 08:57

purdypuma · 22/07/2023 03:35

Apologies no update as yet, not managed to see a solicitor as the clutch went on my car which has proven very expensive! They seem to be using my garden as a thoroughfare a lot less than previously at the current time when I am at home at the moment.

I had a house before with a right of access. Nothing you can do. However, it made me resolute never to buy another house with such rights in place.

Reality is some houses pre 1930 were built with outside toilets etc or limited land and it was the only way it worked

Original poster
purdypuma · 27/07/2023 18:27

Ideally I would like a semi with a drive...but I love my little house & it has ample space. My best friend is literally on the next street which is ideal especially for cat feeding duties when I'm away. Not a prayer am I moving away any time soon.

OP posts:
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