Access rights to houses

Errata

The OP's solicitor should have explained the right of way in fine detail, presuming this happened the OP should have understood precisely what rights the right of way conveys as part of their decision to purchase the property.
The dog situation is unfortunate, but good fences make good neighbours and prevent dogs from trespassing.

bunty109

I am sure you have a right to put up a gate. You could probably padlock it, provided you gave the neighbour a key (as a previous pposter mentioned). I lived in a Victorian end terrace and the neighbours had the right to go through my garden with bins etc. We had a 6 foot fence with a gate in it to next door with a big bolt.

You would need to get proper advice, but with young children, I think you would be perfectly within your rights to put a gate in with some kind of bolt. You only have to say that you don't want the children wandering out/ dog wandering in etc and your neighbours can hardly object. Personally, I would go the route of encouraging them to use their front door more by putting in a gate that is a teensy bit fiddly to open for guests and not being too tidy with the toys in the garden over the summer. I am sure that they will get the hint and if their dog is wandering into your garden I don't see that they can object!

peardrops_2

Gosh so many replies since I was last online. I will try to answer any questions that have been raised.

The deeds state that I do own the land of the gulleyway, however the one neighbour does have right of way to use this to access their back door. However we were never made aware and unless I spent ours sitting in the garden waiting couldn't find out that they used the back door as their main access to their home.

Since moving here I have never seen them use the front door once. Even when people unaware of their situation knock the front door, they come round the back and speak to them out the front.

They do chose to walk past their front door to go up our gulleyway and across our patio past our windows and door to reach their own garden.

If we are out in the garden and their dog is out she never ventures onto our property but when they let her out and we aren't out she always ventures onto our land and poos there.

I haven't said anything to them about the dog or them constantly walking through our garden as I don't really want to fall out with them as I like a quiet life but it is getting us down now.

I can't remember if there were any other questions, I will look back and see now.

Thank you all for your replies, it is appreciated.

Oh by the way - it isn't a northern thing, I only live in Nottinghamshire, hardly classed as Northern I wouldn't say. It is a very standard layout in a terrace house built in the 1800's as this one was.

Peardrops

milkydrink

Peardrops.
While it was empty it was one thing, but the fact that they still continue to use your gully & garden as their main entrance would make me believe they must be extremely ignorant:mad: They also allow their dog to !!!!!! in your garden:mad:

I really wouldn't expect that it is possible to deal with them on a reasonable or inteligent level.

I suggest you get legal advice as to what you can do & how difficult you can make things for them & DO IT. After all they show no consideration for your feelings.

peardrops_2

I suppose they might be thinking that it was OK then, it should be OK now. I really don't know.

They know we have 2 kids, we speak to pass the time of day often enough, we have also put the kids trampoline up in the garden and have their bikes and toys dotted around in the daytime when they are playing. I just think they don't give a crap about where the dog poos.

I spoke to hubby about it last night and I am now going to put any dog poos that appear back over the fence onto their lawn. We don't have a lawn as the house was derelict for so long. It is a dry mud patch with millions of stingers and dandelions until we can afford to lay turf. However the kids still have their trampoline on there.

it might look like a !!!!!! tip but they can see and hear the kiddies playing on there.

Errata

All information on the right of way should be in the deeds to the property, I think. A right of way is just that, the neighbours right to go that way. If they chose to use their back door mor than the front, that's also their right.
If the OP is finding the situation difficult to live with, perhaps it would be useful to seek clarification on the right of way from the conveyancing solicitor.

peardrops_2

Errata wrote: »

All information on the right of way should be in the deeds to the property, I think. A right of way is just that, the neighbours right to go that way. If they chose to use their back door mor than the front, that's also their right.
If the OP is finding the situation difficult to live with, perhaps it would be useful to seek clarification on the right of way from the conveyancing solicitor.

Thanks very much. I will get in touch with them about this. I might perhaps be being a little sensitive but I was suprised that they never use their front door and we have to have them parading around the outside of our house.

I do feel though that the dog fouling on our garden is wrong and I will need to say something.

Errata

Peardrops, I agree the dog fouling is horrible. If you plan to have a word with the neighbours about this, you might need to be prepared for them to tell you to fence your garden off, and decide how you wll handle things if that's their response.

milkydrink

Errata wrote: »

Peardrops, I agree the dog fouling is horrible. If you plan to have a word with the neighbours about this, you might need to be prepared for them to tell you to fence your garden off, and decide how you wll handle things if that's their response.

While I wouldn't be surprised if this is their response.
Surely its up to the owner NOT to allow a dog to poo anywhere except their own land AND if that dog does do it anywhere else then it's up to the owner to clean it up?
I would have thought it more within the law that they fence in their dog, rather that OP fencing him out.

Errata

The info below is on the Bexley Council Dog Warden website. It might be worth the OP contacting their local council Dog Warden service for advice. information, help especially in relation to dog fouling and their children's health and safety.

" My neighbour’s dog keeps getting into my garden. What can I do?
There are no laws regarding the trespass of dogs. If a dog of its own accord enters land without permission but does no more, the owner is not liable under civil law for the trespass; nor is it a criminal offence.

If the dog causes any damage whilst trespassing, the law is not clear but it is possible that the dog’s owner will be held liable for any damage caused.

If a dog bothers you by regularly straying into your garden Bexley Council can advise further. They can contact an owner on your behalf if you are able to supply the address. "