Scared access garden rights?

Howille

I have lived in a rented 2 bed end of terrace for 2.5 years and my neighbours have shared access through my garden, which I was told when looking at the property for the first time, that this should only be for putting bins out. Once we moved in, we quickly realised that our immediate neighbour rarely uses her front door, and instead comes through our garden every single time she needs to leave her house. At one point she even came through our garden to clean the front of her house, which is much more easily accessible through her own front door. Due to the layout of our property, our front door leads out onto our garden and it is our only access into and out of our home. There is then a gate that leads onto the main road in order to leave our garden. We have a dog that we can't let into the garden by himself in case our neighbour comes through (which is very often). Our neighbour then got a dog and now allows her dog to wee on our grass which is private property and on the path which is considered shared access. 
Naturally, this situation stresses me out and I have spoken to our landlord about it, but he hasn't been able to do anything. I politely asked my neighbour to avoid coming through after 8pm so it didn't disturb us in the evenings, this lasted for about a week before she decided that wasn't suitable for her.
I understand that she has access and if it was for reasons like putting the bins out, or bringing garden equipment through I would completely understand, but to neglect her own front door and use our garden as her main access really winds me up. 
Speaking to her has had absolutely no impact so I'm wondering whether there is ANYTHING else we can do to get her to be a little more respectful of our privacy. Especially given the virus that's around, she is putting us at risk and us her by still using our garden as her main access. 
Any ideas?? I'm desperate! 

greatcrested

What does it say in your Title documents. Please quote exactly.

If you don't have a copy, pay £3 here ( + another £3 if you want the Plan too).

Comms69

If she has rights of access, no-one can stop her. Literally not the landlord, the police etc. Even the courts would have a hard time. It's an ancient principle going back centuries. 

Check whether there is an actual right of way, and if so, what it actually allows (£3 Land registry)

MovingForwards

Obtain a copy of the title deeds from the land registry, this will show what the neighbour is entitled to access your garden for, if it is just bins then tell her to FO until bin day.

Howille

I downloaded the title and it says
"Subject to the right for the owners and occupiers for the time being of

the adjoining and neighbouring properties numbers 12 13 14 and 15

to pass and repass over and along the passageway coloured brown on the

said plan."
So there are no specifics sadly. 
Any ideas on anything I can do to make it inconvenient for her to pass through? I've started putting my own bins in her way, but she just moves them 🤷‍♀️

Slithery

Howille said:

Any ideas on anything I can do to make it inconvenient for her to pass through?

Several. But I wouldn't recommend any of them as you would be obstructing her legal rights.

Either you let her continue to exercise her legal rights or you find somewhere else to live.

Mojisola

Howille said:

I downloaded the title and it says
"Subject to the right for the owners and occupiers for the time being of

the adjoining and neighbouring properties numbers 12 13 14 and 15

to pass and repass over and along the passageway coloured brown on the

said plan."
So there are no specifics sadly. 
Any ideas on anything I can do to make it inconvenient for her to pass through? I've started putting my own bins in her way, but she just moves them 🤷‍♀️

If you attempt to block the legal right she has to use the right of way, you could find yourself on the losing end of a legal battle.

Howille

Slithery said:

Howille said:

Any ideas on anything I can do to make it inconvenient for her to pass through?

Several. But I wouldn't recommend any of them as you would be obstructing her legal rights.

Either you let her continue to exercise her legal rights or you find somewhere else to live.

Sadly, finding somewhere else to live is out of the question. We have dealt with it for 2.5 years we can do it a bit longer. At least now I understand why the rent is so cheap!
I guess I was hoping that I could convince her to be a decent neighbour 👎🏼
Thanks for the advice though. 

greatcrested

Howille said:

I downloaded the title and it says
"Subject to the right for the owners and occupiers for the time being of

the adjoining and neighbouring properties numbers 12 13 14 and 15

to pass and repass over and along the passageway coloured brown on the

said plan."
So there are no specifics sadly. 
Any ideas on anything I can do to make it inconvenient for her to pass through? I've started putting my own bins in her way, but she just moves them 🤷‍♀️

It is very specific!

The right "to pass and repass over and along the passageway", so you cannot obstruct the passage or stop her using it whenever she wishes.

rach_k

You can't stop her using the passageway marked on the plan, or dictate the times or what she can use it for.  However, you can make sure she can only access that marked area.  Can you fence off the rest of the garden in any way, both to prevent your dog escaping and her dog coming in?  

[Deleted User]

That's what I'd consider doing as well. You have the marked path.  You will also need to speak to your LL, explaining the situation and what you want to do about it.