Access rights to houses

peardrops_2

You were all so helpful on my last question that I thought I'd ask your advice here again about an issue we have.

We moved into our new house about 3 months ago. It is an 1883 terrace house without a front door. We have a side door which is accessed through a gulleyway which then continues past our front door to our garden and our back door.

Our next door neighbours have a front door and a back door. Their back door is only accessible through the gulleyway and through our garden past our windows and back door to their garden and back door.

However, our neighbours refuse to use their front door due to space issues in the small terrace and they only use their backdoor for access for themselves and any visitors.

This means we have a constant stream of people trapsing up the gulleyway and through our garden and past our windows and back door to get their property.

We have been told that they need access for emergencies and putting their bins out, but do they have rights to only use their back door which infringes on our privacy on numerous occassions per day because they don't wish to use their front door?

It is a pain as the kids are regularly leaving their bikes on the path in our garden and our neighbours have been known to almost trip over them, although if they used their front door for access this wouldn't be an issue.

Any advice appreciated.

dawnybabes

I lived in a terrace years ago and my neighbours had the right to go past my back door - I remember wanting to put a fence up on our bit but couldn't. This was years ago so may have changed now ....

peardrops_2

dawnybabes wrote: »

I lived in a terrace years ago and my neighbours had the right to go past my back door - I remember wanting to put a fence up on our bit but couldn't. This was years ago so may have changed now ....

I agree for when they need access to the back garden or the bins etc, but for everyday access when they have a front door seems a bit unfair to me. I paid more for the house because is was larger and had a side entrance which resulted in a larger front room due to now access from the street.

I just feel that my privacy is being invaded and also that I feel that we have to keep the passageway and garden clutter free when my kids want to play in the sunshine.

ailuro2

Difficult one this, is there any friendship to be sacrificed over this or not?

If you don't speak to them that much, then perhaps leaving wheelie bins,big toys etc (nothing permanent) in the pathway when you know they will be lugging shopping bags in, or have guests visiting would make them consider using the front doorway.Let the kids play mudpies in the pathway ? Yes, I know it's a bit nasty, but if you feel strongly about it...

If they really don't have the room to use the front door for access then it is a situation that you are unlikely to gain resolution over, is it really worth the grief?

My parents got into a long running feud with their neighbours and no one ever won. IT all got a bit silly in the end. Sometimes we have to accept there is no easy solution.

peardrops_2

ailuro2 wrote: »

Difficult one this, is there any friendship to be sacrificed over this or not?

My parents got into a long running feud with their neighbours and no one ever won. IT all got a bit silly in the end. Sometimes we have to accept there is no easy solution.

No we pass the time of day and say hello but we make a point of not saying hello when they are walking through our garden but outside the house we do pass the time of day.

In this nice weather, I've had the back door open, the kids have been playing in their trampoline and I've been in the kitchen.

Also another issue is the fact that the house we live in was derelict for several years and their dog used our garden as its "bog"! It still does as there isn't a dividing gate between our properties, just a fence but a gap where a gate should be.

Our kids are playing in the garden and there is dog muck. It all seems that they have got used to having a derelict property next door where they can wander through willy nilly and their dog can use as its toilet.

I don't want to fall out with them, but fairs fair and I think they should now butt off our property that it has been done up to a high spec and probably increase their property value.

dawnybabes

Can you check your deeds ? It should have something on there ?

ailuro2

Check with the council and see if you can put up a gate?
One with a fancy catch that needs two hands to operate would be useful- you could say one of the kids had wandered off and you are doing it for their safety.

Have you spoken to them about using their front door, or at least compromising and asking their visitors to use the front door?

pboae

This would probably be better in the house buying, etc section, but I don't think there is much you can do about the situation. They have the right to pass and repass through your garden. You will be breaking the law if you put obstructions, etc in their way. Unless there is something in your deeds that states they have limited access, they are absolutely within their rights to use it as much as they wish.

The fact that it is inconvenient for you or that they have an alternative entrance is irrelevant, they have that right of way, end of story.

You *may* be able to put a fence and gates up around your garden, to keep their dog out and you children in, but you cannot put locks or anything on them to restrict their access. Though you should check your deeds as even this may be forbidden. If it is you should at least be able to fence off the part of the garden that is just yours, leaving a clear path for your neighbours.

It may seem unfair but you bought a house with a right of way running through the garden, and this is the consequence.

peardrops_2

Thank pboae. This is what we thought.

We are in the process of saving up to fence the garden area in to stop their dog pooing on our property. I will mention to them that I am unwilling to scoop up their dog poop anymore and they are liable for this as it is their dog.

I am sort of happy to let them have the access (I suppose), however they can't possibly be in their right to let their dog foul on our property?

Perhaps they might change their tune if I chose to sunbathe topless in my garden. Being a body double for Bella Emberg might make them change their minds LOL!!!!!! (Only joking by the way, I wouldn't ever get my baps out - it would result in an unforecast eclipse!!!!)

pboae

No, I am sure they don't have the right to let their dog wander, you could call the dog warden in, but TBH as you have to live next door to them, it's probably not worth causing a feud over. Ask them to clean up after it though, it's disgusting that they are expecting you to do that.

Really they should fence and gate their garden to keep their dog in, but I guess you have a pretty good idea whether they are going to be willing to do that or not. If not, then fencing yours in is about all you can do.

For what it's worth, I know a few people who have similar access arrangements to you (although none use the back door as a main entrance). Usually the house in the middle has their garden fenced off with a common path across the back of the middle house that they have to cross to get to into their fenced garden.

sturgeon62

We lived in a 1800's terrace for several years, our next door neighbour had a right of way to use our alley (on our deeds) and to cross the back yard, although it was just a couple and they only used it rarely. When we had our children we were concerned they would go down the alley and onto the very busy main road. So we erected a gate at the end of the alley and put a padlock on it, we explained all this to the neighbour who was more the happy, from a security point of view, we each had a set of keys and they coninued to use it as before. We also fenced off the garden at the back and put a gate there, they did not have access there and although it wasn't to stop them going into our garden it kept our kids in.
Our house was the end terrace and only our immediate neigbour had access, next to him was a high wall, original to the buildings, then there was a further five houses an alley and a further two houses and these all shared a second alley, they could not have come to an agreement like we did as so many had access, several of them also only used the rear, whilst both of us used the front mainly and the back very occassionally.
We did consult a solicitor at the time but he said we could do nothing about the right of way, he said a gate was ok but should not be locked, however an informal agreement between two parties was fine.
I hope you get something sorted, the dog mess is unacceptable. Unfortunately these houses were constructed in a very different society then we live in today.