Help with trespassing neighbour

Seashell517

Crumps said:

rik111 said:

So he has a right of access to "your" front garden and this is his means of access to one of his doors ? You are upset because he hasn't given you three days notice to use this access ? Am I reading this right 😭

Yes he has access through a back door and the garden gate. Our deeds says he has to give 3 days written notice to walk through our garden and use the gate unless there is an emergency. He walks through when we are playing with our children, lunching with friends (when you could) and invites his family and friends in through the gate. He even put the current path in our garden that leads to his gate. 🤦🏻‍♂️

Can you not just fence the path off, if it bothers you so much?

elsien

If I'm reading it correctly, the neighbour can access their own garden via their back door, but are using the gate and the OP's garden instead because his wife doesn't want him traipsing through the house in his decorating gear.
So I can see why the OP is upset that this is impacting on their privacy in their garden.
Have you contacted the freeholder directly yourselves for clarification? 

You could post the relevant bits of wording from the deeds up on here if you are having difficult in working out what it means.

avawat20

Put a lock on it and tell them you need 3 days notice to unlock it.

NameUnavailable

Can't you lock the gate? Or get a large dog?

HampshireH

If your deeds state that but his don't I'm not sure how you could enforce it. How would he ever have known?

It's a ridiculous clause and almost impossible to manage. I can't imagine it being enforceable as it surely couldn't be deemed reasonable? More so you confirm it's not in theirs.

elsien

HampshireH said:

If your deeds state that but his don't I'm not sure how you could enforce it. How would he ever have known?

It's a ridiculous clause and almost impossible to manage. I can't imagine it being enforceable as it surely couldn't be deemed reasonable? More so you confirm it's not in theirs.

I don't see why it would be considered particularly unreasonable, as the neighbour is perfectly able to access his garden via his own flat but is choosing not to.
Agree with you on the enforceability though if the deeds are different. Which is where clarifying with the freeholder needs to be on the to-do list before getting handy with locks, dogs etc.  

mortgage_noob

I'm confused, how does he access his flat? Through your front garden?

Crumps

mortgage_noob said:

I'm confused, how does he access his flat? Through your front garden?

Through his front door which is right next to the garden. 

jimpwarsop

Need a diagram.

frogglet

Can't all the people walking past see you sat in the front Garden?