Right of way dispute

[mashpatooties]

Hi everyone
First time poster and sorry this is a bit long.
We bought an end terraced house back in March.
During conveyancing we found out that left hand neighbour in attached terrace has right of access through our side gate in order to bring wheelie bins back and forth weekly. No problem at all. She's been lovely, respectful and we've made a lovely friend in her.
Right hand neighbour in detached dormer bungalow, rang our bell one day and said that they wanted to let the window cleaner into our back yard to deal with windows on the side of their property (the house is built right up to the boundary line and actually guttering etc overhangs it and our summer house).
We agreed and expected to go and unlock the gate and let them in. Turns out they had a key to the gate and let themselves into our yard.
I'd just got out of the shower so couldn't act in the moment but chatted to DH about it and we decided to let it go for now.
A few weeks later we were again interrupted on a hot day of sunbathing in the garden with the man letting himself into our yard to let the window cleaners through. But instead of just doing that, he wandered around our yard, stuck his head through the summer house door (where our hot tub is and we are frequently nuddie in) and when I went over to see what was going on, he ignored my obvious annoyance and tried to chat me up about our nice garden, love what you've done with the place etc.
Based on this, we changed the locks (as is reasonable when moving into somewhere new especially as it was previously a rental) and gave LH neighbour a key.
Fast forward to this week.
They tried again to let themselves in our yard.
We were at work but saw that they angrily rang our ring doorbell several times which we ignored.
They knocked on LH neighbour and asked her to let them through which she refused.
They repeatedly came to the door until they eventually found us back from work.
They produced a house deed showing that they have right of way despite our deeds not showing this at all and the vendor stating that only LH neighbour had access. We had them in to be respectful and find a solution but the man became really aggressive and unpleasant so we asked them to leave. They wouldn't leave and so we threatened police. They eventually left.
Turns out vendor had given them a gate key to "be neighbourly" and never knew that they "had rights".
Our conveyancing solicitor says they're not responsible as there's nothing on our deeds to suggest there's any dispute and vendor had stated what he had.
HM Land registry shows all associated documents as only being LH neighbour access.

What is our next step and has anyone else been in this situation?

If they had not overstepped and man hadn't been creepy and abusive we would have facilitated occasional access for maintenance. As it is, I already said I clean their windows and I do..

from what I can see of the deeds you have copied - there is a right of way -but only over the blue line / path - on the plan of xxxxx xxxxx (if that is your house you might want to take the images down if you don't want your address on here)

it is difficult to see the full detail without seeing both sets of deeds - (if you are happy to PM me for an email address you can send me the full deeds and I will have a look) - I am not a solicitor but I have done a lot of analysing deeds for rights of ways...

even if he does have a right of way over that blue path - he certainly does not have a right of way over the rest of your garden so should not be straying from it - he can also only pass and repass - but not stand on it etc - you could also fence it off (though that might reduce your garden too much...

Yeah I’d be investigating if the ROW was for the old house and whether that can continue over to their new house.

and then tell him I’m considering telling him to remove his gutters and pipe which are on your property.

i would potentially say I’d consider allowing him pre planned access on set days for window cleaning but not that he can have a key and come and go as he likes (because he’s a nosy fucker who trespassed in areas of your property where he has no right to be).

Even if he did have right of way that does not include having a nosy around the place. Give an inch and all that. Get it sorted properly, unfortunately there can be a mismatch of what is on the Land Registry.

That's what I thought. I read it's tens of thousands of pounds to pursue in court and honestly I think threat of their overhanging guttering onto our property is a bargaining chip potentially

He probably wouldn’t gave a clue what’s on your deeds
With it being a terrace ROW us very common at a guess neighbouring terr ROW was put on when terrace built
and bungalow was a later ad and your deeds not updated

IANAL but I would have thought that if it's not on yours you have no legal instruction to let him in.

The fact that it is on his might mean he could win a law suit to have it put on yours, but it sounds really complicated if it's a rebuilt house, etc.

Defo need specialist advice and with the noseying and abuse I wouldn't be letting him in unless I legally had to.

I'm surprised your solicitors aren't involved i would have thought they should have checked neighbouring deeds if their is even the slightest chance they could encumber you.

Yes you'd think but ofc they aren't interested! Have had a word with insurance legal peeps and they say that the burden is on then to prove row and the guttering overhang is trespass. These being two separate issues though one could influence the other somewhat. They said they wouldn't be forced to knock down but might be liable to pay damages for trespass. If I were in my 70s and simply wanted my two windows cleaned, would I be risking expensive lawyers and potential damages for trespass?
Legal at insurance said let them act next, they might never but be cautious regarding the locked gate as denying access. It's a bloody minefield!

Thank you so much for your advice. Would love to speak to you but am thick and new to MN, how do I contact you directly?

@mashpatooties the 3 dots a the top of a poster's message, choose PM which is private message.

If you write the message and press enter it sends, so if you need a paragraph press shift and enter. I think that is right. I am not on the app though.