Right of Access to formerly shared use garden

Hartlepoolmonkey

The tenant does have an allocated garden to the front of the property to which we have no right of access despite looking down on to it.

Out,_Vile_Jelly

I would keep a diary of every time you see him in there, and of every conversation. Do not actively seek out confrontation though as it can only make things worse, given his aggressive nature.

carefullycautious

is it really worth causing a neighbour dispute over cleaning windows.


Why would you want to garden right up to someone's windows?


If this was me I would allow my GF neighbour enough for a patio area and room for washing and some privacy. All fenced at his expense.


Seems a funny set up as you don't own the grounds only lease them?

princeofpounds

is it really worth causing a neighbour dispute over cleaning windows.

That isn't what it's about though, is it?

The tenant probably wants access to their garden at all times and for all purposes. The clause over access for specific purposes is just a pretext.

Mind you, I do agree that it is probably not worth elevating to any kind of official dispute unless the problem becomes protracted.

tea-bag

Access means access! However it does not mean 24/7 access. Is there a way you can gate it off and lock it? Then he must ask for access to clean his windows?

moneyistooshorttomention

Putting in a locked gate wouldn't "work", as the law dictates that people who have a Right Of Way for access must be given keys to any locks that are put on gates that block that access.

PasturesNew

tea-bag wrote: »

Access means access! However it does not mean 24/7 access. Is there a way you can gate it off and lock it? Then he must ask for access to clean his windows?

Yes it does. If he wants to wash his windows every day at midnight, 2am, 3am, 4am ... and 5:13am then the right of access allows this. And, if there were a locked gate in the way ... well, he could knock for access at midnight, 2am, 3am, 4am .... and 5:13am.

Locking the gate to deny a right, a legal right, his rights, would be wrong and illegal.

FatVonD

carefullycautious wrote: »

If this was me I would allow my GF neighbour enough for a patio area and room for washing and some privacy. All fenced at his expense.

:eek:

That would cause huge problems for the OP when/should they decide to sell as they will have to declare it and if enough years have passed with the neighbour having that kind of use of the garden they can legally argue that it is 'theirs'.

Davesnave

While the tenant has a right which he can exercise for a specific purpose, this does not constitute a right to harass you, so the suggestion that you install video surveillance is a good one if the threats turn into reality. Make this overt, as it's acceptable to train a camera on your own property, and fair to be up-front about doing this.

Your downstairs neighbour has hinted that he might try to claim against you for injuries received in the garden, so it would be only right that you should be sure any such claim is not vexatious. Personally, I think this is all posturing, but it gives you an excellent reason for protecting your own interests in this way, if you need to.

If any installed camera is motion activated, it will collect the evidence you need by time and date stamping all the images it records. Like noise nuisance, the behaviour of the neighbour needs recording over a considerable period before action may be taken, in this case perhaps by the HA, as it would be their tenant creating a nuisance, or if not, by the police for harassment, depending exactly on what the tenant does in the garden and for how long.

I think most people would soon tire of attempting to annoy you in this way, especially if you do not rise to it for a decent length of time. However, we all know individuals who are not 'most people!'

carefullycautious

FatVonD wrote: »

:eek:

That would cause huge problems for the OP when/should they decide to sell as they will have to declare it and if enough years have passed with the neighbour having that kind of use of the garden they can legally argue that it is 'theirs'.

The reason I would allow this is that I would not want under any circumstances to have a neighbour potentially looking at myself or family through his window or just walking into the garden to 'clean windows' if I was in there. How on earth could you enjoy your time in the garden if this was the case?


So for that reason I would prefer a fenced off piece of land any day. The Op could always sell him a strip of land.


Also as an aside where I live most ground floors have the use of the gardens and first floors don't.