Neighbour right of way through garden Tunbridge Wells

[EarlGrey76]

Hello. I am house hunting around Tunbridge Wells and a lot of properties seem to have a right of way through the back garden for neighbours to access their gardens at the rear. Has anybody got any experience of this? Whilst agents are assuring us that it is fairly normal in this area, and that the right of access is/would be rarely exercised, it's not something I've come across before and I have concerns. Any information gratefully received! Thanks.

I live in a small Victorian terrace where we have such a right of way for the 7 houses. I live in the middle so it doesn't affect me much anyway but the only people who use it are the window cleaner who comes round once a month or if anyone needs access for workmen. I've lived here 16 years and only one (former) neighbour ever used it otherwise and that was infrequently. It really depends on your neighbours and the position of your house.

I'd avoid it as you really don't know what your neighbours will be like.

Remember... the estate agent will say anything to get you to sign.

I live in a row of 5 houses with this arrangement. I've been here 8 years and it's never been used by anyone, other than a window cleaner, a tree surgeon and a gutter cleaner. No one has regular window cleaners, so usage is low and never intrusive. One neighbour has put a screen of bamboo, trellis and plants with a gate, so she can access but have privacy

Is it along the very back? I'd be inclined to knock on neighbours and ask about the ROA and how it works ... would you need to use it if you did live there ( wheels bins etc?)

I wouldn't consider it. I've heard about too many nightmare situations.

the neighbours there now aren't always going to be there & you don't know what new neighbours will be like.

Unless you are on the end then this also means you too have access through another garden (or more) - the alternative is a back garden where you have to go through the house to do maintenance on the garden which is a real pain.

I’m not in Tunbridge Wells, but I live in a place nearby with a similar set up. We have a right of way over our next door neighbours garden, to get to a communal alley. We use it fairly often - to take the bins each week, to do garden work, for moving big things. There’s been no one living there for a while but we’d try not to use it when they were using their garden, unless they were always out there.

Estate agents are going to say whatever they can to make a sale… especially as they’ve got a big standard clause that says anything they say isn’t legally binding.

It will depend entirely on the people in the other houses. Some of them will want to use it all the time some will never use it. Not in one row of houses, just generally.

For example when I lived in a similar set up one of my neighbours was a gardener and he always came in through the back after work as they had a downstairs toilet/wet room shower right next to the back door and then he didn't have to walk through the house.

Estate agents selling a home, represent, work for and are paid by the vendor. They do not work for you. They are not lawyers.

Take legal advice from your own solicitor , that's what you pay them for.

I live in a town near to Tunbridge Wells. My parents live in a mid terrace and so have access through either of the neighbouring gardens. This was used very very regularly up until the mid 2000’s (they moved in, in 1984). Now they only use it weekly for the bins.
I live in an end terrace and my neighbour has access through my garden, but in fact the access is right the end of my garden and there is a fence so I’ve lost about 3ft of my garden but nobody comes directly through. They don’t use it at all. They keep their bins out the front and never use the access.

There was a recent thread on this.
Neighbour on one side was relative of neighbour on other side.
They basically used the middle house’s patio as a rat run. Would be the same with friends no doubt.
Must be rare, but does happen.

Just remember that the agent will tell you whatever you want to hear

Absolute deal breaker for me. While it can be ok with decent neighbours who use it occasionally, neighbours change. A search on Mumsnet of "garden / neighbours right of access", etc, will throw up some absolute horror stories. At the very least, knowing your neighbours could come through your garden at any minute wouldn't make me feel relaxed or private in my own space. If the access was at the end of a very long garden, that could be totally screened off then it might be ok, otherwise I just wouldn't expose that sort of risk if I didn't have to.

Thanks everybody for your helpful responses. We've decided it's not for us!

We live near TW and used to live in the town centre. Never heard of this before! In our old house in the centre there was an alley that ran down the back of the houses, which the solicitor identified as being of uncertain ownership, but no question of access to the gardens!

Absolute no from me - I have a dog and it would only take one neighbour leaving the gate open once, and the dog would be roaming the streets, chasing cats and getting run over. Doesn't bare thinking about.

We lived in a Victorian cottage in Tunbridge wells with this arrangement we accessed our garden via our next door neighbours. We very rarely used the access. We kept the bins at the front

Very common. Both my sons' houses have it directly across the back of the terrace. In both cases it is never used - in one the end house has put a fence you cannot get through and in the one where my son owns the end one he can get through the passage was but I have never known the other houses to use it. Solicitors will also point it out in writing to you when they write their Report on Title for the client and it will be clear on the Land Registry papers too. I wouldn't buy a house with such a right but it is certainly common in some small terraced houses all over the UK.

I think wise of you. My first house had a right if way and it was a real pain. One elderly neighbour insisted on walking past every day and then wanting to stand and talk if I was outside but saw it as his right to not just pass, but stand as well.

After that my rule was no rights way, no disputed boundaries and no flat roofs and it has served me well

Yes we have 2 dogs so this has also been a big consideration. Definitely not going to buy a house with any access for neighbours.

I agree, there's also far too much potential for conflict if a future neighbour doesn't like dogs, if you have a pup that's prone to jumping up, or if you ended up with a dog that had behaviour issues - which can happen to any dog owner.

My NDN doesn't much like dogs and definitely doesn't like the fact that mine will chase their cat. My position of "cool, you keep your cat in your garden and I'll keep my dog in mine" would have been much more complicated if there was a ROW.