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Neighbour constantly trespassing in yard, claims right of way.

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  • Scotbot
    Scotbot Posts: 1,448 Forumite
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    Lock it then it will be up to her to prove right of way. What's wrong with their front door anyway?
  • Lysimache
    Lysimache Posts: 192 Forumite
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    Many homes have back gardens where people can get to if there's a fire without being able to go into their neighbour's garden. Just having a back door and a garden doesn't mean they can cross other gardens to get to it, especially if they have a front door.

    Fence it up/lock it up.
  • aneary
    aneary Posts: 921 Forumite
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    Red-Squirrel wrote: »
    Do these 'few steps' from their door lead out of your yard? If so can you not redo the fencing so they can get into that door without using your land?

    New fence = £100 (maybe more)
    Padlock = £20 (for a really good one)

    I vote the padlock
  • Skutter47
    Skutter47 Posts: 15 Forumite
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    Thanks all. Red Squirrel, the steps lead into my yard, not out of it. They have a couple of steps, than my back yard is between them and the road. They have a front door they can use to get to the road.

    I think I will just padlock it then, thanks all.
  • G_M
    G_M Posts: 51,977 Forumite
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    Give us an update in a week or two.

    Be interested to hear how the neighbour reacts.........
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
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    aneary wrote: »
    New fence = £100 (maybe more)
    Padlock = £20 (for a really good one)

    I vote the padlock

    Depends if they keep breaking the padlock, or the gate, it could add up!

    Sounds like its not an option, although its really hard to imagine a property having a door where the inhabitants only have the right to open the door and stand on the step not to actually use it as an entrance/exit. Surely even if it were just as a fire escape that would be documented somewhere?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Red-Squirrel wrote: »
    Sounds like its not an option, although its really hard to imagine a property having a door where the inhabitants only have the right to open the door and stand on the step not to actually use it as an entrance/exit. Surely even if it were just as a fire escape that would be documented somewhere?
    Indeed, this is what I can't understand either - assuming the door isn't a recent addition then surely the neighbours will have acquired some sort of right to use the yard.
  • Skutter47
    Skutter47 Posts: 15 Forumite
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    I understand why it might seem like that, but rights of way don't just exist, they must be documented. They are unable to produce any evidence that shows they have a right of way over the land. It is my understanding that it isn't up to us to prove they don't, they must prove that they do.

    I have the Title Register to their property, and mine, and neither mention any right of way over our land.

    Further, they can have no easement of neccessity, because they can access the same road from their front door. She only walks through the yard to annoy us and purposefully invade our privacy, and she's doing it more now because we had the temerity to politely ask her to respect our privacy.
  • G_M
    G_M Posts: 51,977 Forumite
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    Since the Title Plans of the the two properties clearly (apparantly) show the boundary being 'a few steps' into the yard, and the rest of the yard falling within the OP's property, it is for the neighbour to prove a ROW exists across the land belonging to the OP.
  • Mossfarr
    Mossfarr Posts: 530 Forumite
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    If they actually own the gate then you may not have the right to padlock it. I would buy a sturdy piece of trellis and fix it across the gateway on your side. A couple of heavy planters in front of that too.
    They can still open 'their' gate but can no longer go through it (unless it opens outwards into your yard that is, in which case they won't be able to open it)!
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