Garden Shared Access Dispute (Gate Lock)

TELLIT01

If they have Right of Way across the OP's property to access their own, they have no reason to effectively give notice or ask permission before doing so.  The OP needs to be careful what they wish for.  Would they want the neighbour bashing on the door in the middle of the night to tell them they were going to use the access?

That said, they only have the right to cross the property, not to stop and harangue the occupants.

SSB88

TELLIT01 said:

If they have Right of Way across the OP's property to access their own, they have no reason to effectively give notice or ask permission before doing so.  The OP needs to be careful what they wish for.  Would they want the neighbour bashing on the door in the middle of the night to tell them they were going to use the access?

That said, they only have the right to cross the property, not to stop and harangue the occupants.

Yeah i see what you are saying but as I said before I don't need/want them to warn me if they are taking bins out, using access for delivery or anything else for that matter. But what i am not comfortable with is them assuming that they can use the access purely to come in and talk to me (and talk to me is putting it politely). My garden is my private space and even if i am in i don't have to talk to them if i don't want to. I can't see why they would need to use the access in the middle of the night but if they did then they don't need to ask and if they bang on my door in the night i don't have to answer it.

Norman_Castle

SSB88 said:

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.

I'd leave it there, removing it tells her she can dictate to you.

ElephantBoy57

SSB88 said:

 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.

Your neighbour does not have access 99% of the time, if its bolted 5 days per week. but not the 2/3 days around bin day.

This neighbour may be a pain, but you need to get clear what you need to do for access.

SSB88

ElephantBoy57 said:

SSB88 said:

 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.

Your neighbour does not have access 99% of the time, if its bolted 5 days per week. but not the 2/3 days around bin day.

This neighbour may be a pain, but you need to get clear what you need to do for access.

You haven't read what i said. I said i only side the bolt across when i am sitting in the garden alone which is rare. 

ic

I'm in an end terrace and have a right of way around my property.  I did fence it off, so our rear garden is private, but the neighbours still cross the driveway to get to the road.  In my deeds, they have "the right and liberty for all purposes connected with the use and enjoyment of passing over and along with or without carts or barrows propelled by hand the passages shown on the said plan thereon marked 'Right of Way'".  In other words, they can come through any time for any purpose.  Reality is 99% of the time they're either putting out the bins, or doing some gardening at the front or washing a car.

Frankly I think your neighbour barging in and complaining to you is a different matter, and could be harassment - as others have said keep a log, and take it up with the police.  However raise it with them - if they want to talk to you, they should knock on your front door, not wait till they see you in the back garden. 

Preventing them from using their right of way will be a distraction you can little do with, that could escalate matters.

Wanderingpomm

Can you move the gate right down to the bottom of the garden? 

GDB2222

SSB88 said:

ElephantBoy57 said:

SSB88 said:

 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.

Your neighbour does not have access 99% of the time, if its bolted 5 days per week. but not the 2/3 days around bin day.

This neighbour may be a pain, but you need to get clear what you need to do for access.

You haven't read what i said. I said i only side the bolt across when i am sitting in the garden alone which is rare. 

You asked for advice but understandably are reluctant to take it.

The bolt, even if used incredibly rarely, is denying them access on those occasions. You have no right to do that, so just remove the bolt with good grace. 

The neighbours harassing you is a separate issue, and you have dealt with it incredibly well to date. There’s no reason to descend to their level. Just sort out the legal position on the log burner, then stick to your guns. Write them a note asking them not to approach you when sunbathing.

However, do bear in mind how you would feel if you had your windows open on a warm summer evening, and the neighbours chose that moment to start a wood fire. It doesn’t matter what size the fire is, except that paradoxically a big fire Burns hotter, and the smoke goes straight up!  

Davesnave

GDB2222 said:

SSB88 said:

ElephantBoy57 said:

SSB88 said:

 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.

Your neighbour does not have access 99% of the time, if its bolted 5 days per week. but not the 2/3 days around bin day.

This neighbour may be a pain, but you need to get clear what you need to do for access.

You haven't read what i said. I said i only side the bolt across when i am sitting in the garden alone which is rare. 

You asked for advice but understandably are reluctant to take it.

To be fair, Elephant boy 57 did misinterpret what was written, but the point that access for the neighbour should be 100% is  the key thing here.

The second issue is harassment, which might have been kicked off or exacerbated by the local by-laws about bonfires being misinterpreted too, especially as many authorities have issued extra pleas not to have fires during the Covid crisis, not that some were taking much notice in the Forestry Commission location where I was yesterday!!!

GDB2222

I’m sorry if my remark was seen as a rebuke. Having gone to the trouble of fitting a bolt, of course the OP was hoping to be told that it’s fine, and the neighbours are in the wrong. The neighbours sound ghastly, and they are in the wrong about most of the incidents, just not about the bolt! 

The bolt can’t be used legally, it’s not an ornament, and it’s upsetting the ghastly neighbours. So, it should be removed.