Garden Shared Access Dispute (Gate Lock)

SSB88

Hi i just wondered if anyone could give me some advice about a shared access dispute. I live in a mid-terrace house which has a shared access pathway across the back gardens to take the bins out every two weeks. This isn't an issue at all and often houses in the row will also use the access for builders, plumbers etc, or for larger deliveries which wont go through the front, all of which i have no issue with. 

I get on well with everyone in my row except for the couple that live next door to me. They do need access through my garden every two weeks (i don't need access to theirs). I have always tried to de-escalate issues with them and tried to keep things civil but they are very difficult, i know that the neighbour on the other side of them has had a lot of issues as well. There is constant screaming coming from their house and garden and I never make a fuss as the woman in particular is very aggressive and a bit of a bully, so they are better off avoided.

Recently i was in my garden late in the evening and i was reading and burning a few small logs in a very small portable fire pit and she let her self into my garden without warning or knocking and was very aggressive. She told me i had to put the pit out and that i had an hour or else. I had deliberately waited until the evening and until a time that no children were in gardens, although the smell was minimal anyway. A few days later she let herself into my garden again to shout at me about something else, this time i was sunbathing and i was quite shocked. The whole situation did upset me so i attached a small bolt to my side of the gate (it has no lock its just a small sliding bolt). I only close the bolt when i am in my garden alone as i can't relax knowing she may barge in at any moment. 99% of the time it is unbolted and i never bolt it on the 2/3 days around bin day even if i am in the garden.

I received a very aggressive note from them today through the letter box which was very unpleasant, the gist of which is that they have noticed i have added the bolt and that if i don't remove the bolt then they will break into my garden when it is bolted and remove it for me. I am worrying now that i have done something illegal so my question is should i remove the bolt? and if I do then what else can i do about the situation? I am nervous to agitate them further with any legal proceedings because they aren't reasonable calm people.
Thanks

the_lunatic_is_in_my_head

How big is your garden? 

If you have the space fence off the access area so they can walk through but not enter your garden, easiest answer to get peace in your garden. 

As far as I know you can add the bolt as long as they can unbolt the gate and still have access.

I'd also suggest standing up for yourself, tell the neighbour their actions aren't acceptable and they are welcome to use the access path but they are not permitted to stray from the path to enter your garden, their access should be detailed on the deeds and that is all that have a right to use. They will keep bullying you until you stand up to them. 

Unless your council has any laws then you are free to have a fire in your garden and your neighbours attitude would encourage me to have one every day....  

Mojisola

SSB88 said:

I live in a mid-terrace house which has a shared access pathway across the back gardens to take the bins out every two weeks.
I get on well with everyone in my row except for the couple that live next door to me. They do need access through my garden every two weeks

It's unlikely that the deeds only give them a right of way for the bins - they most likely have access whenever they want - however, that's all they have - access along the path.

Coming into your garden and being aggressive to you is a separate issue to their right of way - you can't stop that or restrict their access through your garden by bolting the gate.

A neighbour like this is a nightmare and there's no easy or quick answer.  Putting up CCTV to record their outbursts and keeping a diary will collect evidence to go to the council or the police (depending on how bad it gets) but they will still be living next door to you and it will be harder to sell your property as you will have to declare a neighbour dispute. 

Norman_Castle

I'd suspect the ROW allows them to pass and re-pass, not to linger for any reason. What do your deeds say? Explain to them the bolt was fitted not to prevent their access but to prevent their intrusion into your garden and life whenever they feel like it. You cannot obstruct a right of way but if you stop using the bolt there won't be further legal repercussions as it would be a pointless exercise.

Check your councils bylaws about fires, if they are allowed explain this to your neighbour. She may be aggressive and bullying but she cannot dictate what people do. I get annoyed by a neigbours regular fires but I wouldn't try to insist they've got an hour to put it out.

https://www.citizensadvice.org.uk/law-and-courts/discrimination/taking-action-about-discrimination/taking-action-about-harassment/

SSB88

Thanks all for your advice. Having read through i think what i need to do is remove the bolt and speak to them and just ask that if they need to speak to me that they knock on the front door and not let themselves into my property. As i said i have no issue with them using the access whenever needed but i just feel uncomfortable knowing they could come in whenever they like and shout at me again. In hindsight the bolt made me feel better but it was probably a bit cowardly i should have just stuck up for myself but this is just another issue in a long list of unpleasant behaviour. The neighbour on the other side is much braver than me and has dealt with them head on before but she hasn't usually found that it has deterred them :-(

Its probably just more apparent at the moment as we are all at home so much more. 

-taff

Can you fence off an access path?

MoneySeeker1

1. Keep a diary of events to note down these incidents.

2. Get a cctv camera.

3.Write them a formal letter stating they have no right to step foot in your garden except for "necessary access purposes" and keep a copy of it. Might be better still to get a solicitor to write it for you - maybe a cost of £100 or so?? Money well spent imo.

SSB88

-taff said:

Can you fence off an access path?

I could fence off the access but its between the house and garden and not at the end of the garden. The gardens are also very small so it would make it feel even smaller and would mean the view out of my kitchen window is a fence rather than my garden making it darker inside as well. Its an annoying situation but i think i will speak with them and make it clear that they don't have permission to enter my actual garden and that if they want to speak with me they need to knock on the door.

the_lunatic_is_in_my_head

SSB88 said:

-taff said:

Can you fence off an access path?

I could fence off the access but its between the house and garden and not at the end of the garden. The gardens are also very small so it would make it feel even smaller and would mean the view out of my kitchen window is a fence rather than my garden making it darker inside as well. Its an annoying situation but i think i will speak with them and make it clear that they don't have permission to enter my actual garden and that if they want to speak with me they need to knock on the door.

Speaking with them is a good start, if they don't get the message it doesn't have to be a fence as such, for example some 3 or 4 foot posts with some wire run along them would do the job without restricting the view (we've put a fence like this in our garden recently, it looks tidy and we're running grape vines along the wires).

Even some metal poles knocked in the ground with a hammer and some string between them left there for a while simply to put the message across that they need to stick to only the bit they are allow to pass through. 

JGB1955

A low picket fence or something like this:

would give them a visual clue as to their limits.

rach_k

To make yourself feel a bit more comfortable in the garden, can you fit something noisy to the gate, like one of those shop bells or a wind chime?  Then at least you'll hear them coming if you're looking in the other direction!