Right of Way Access End Terrace

ElleT711

Hi all. Looking for some advice regarding a right of way issue. We moved into a rented property a week ago. We are the end of a row of four terraces, and our neighbour has a gate into our garden for access. I presumed this was as a fire escape, and for access (bikes, lawnmowers for front garden etc), and had no issue with that. I (maybe wrongly) assumed if they needed access in a non-emergency, they would let us know so we could make sure the dog was in, or we weren't in a position where we might not want neighbours seeing us. The bathroom is downstairs for example. If we were showering with the window open, they would have direct line of sight in. Yesterday morning both my husband and I were caught unawares, shall we say, by two strangers in our garden. They were not neighbours. When challenged, they said they were visiting their daughter who lives next door and as she hadn't answered the front door they were trying to let themselves in around the back. To do this, they entered our front garden gate, walked around the side of our house, entered the back garden gate and walked across the back of the house through the garden. Incidentally, the neighbours had their side gate locked, so over zealous Mum and Dad couldn't get in anyway! I asked why they had done that, and they said it was their daughter's access so they had right of way. No apologies, despite what they had clearly seen and knowing it was a huge violation of someone's privacy. 
I am now wondering whether right of access for our neighbour's includes any Tom, !!!!!! or Harry just letting themselves into our back garden when they feel like it? We have a dog and small children. I would not want the gate left open with access to a main road, or even something as simple as being in the garden in a bikini with the children playing naked in the paddling pool is making me feel uncomfortable if a stranger can just wander in unannounced. 
We haven't even got round to introducing ourselves to the neighbours yet, but their parents have seen my husband and I taking full advantage of having no children in the house.

moneysavinghero

Sorry but the right of way extends to anyone who has a reason to access the neighbours property. Get some blinds.

elsien

Have you checked with the landlord with regards to right of access and what the right actually is?
I live in a row of terraces where there is a ROW between the side returns and the garden which was initially built to allow for coal deliveries. Although some of the houses have now tried to block it off with gates to create one long garden, there is still a ROW for anyone to chooses to walk along there to do so. Yours may or may not be similar, it very much depends on the original set up and what it says on the deeds. 

ElleT711

Thanks, @moneysavinghero. The curtains are now up! I am more concerned about us using the garden as described above, and people coming and going, or the dog being in the garden and someone letting themselves in/leaving the gate open etc. I find it really inappropriate that my children could be playing in the garden and strangers can have access to them. I guess if it's all above board we can never let our guard down when either the dog or children are playing in the garden. 

ElleT711

elsien said:

Have you checked with the landlord with regards to right of access and what the right actually is?
I live in a row of terraces where there is a ROW between the side returns and the garden which was initially built to allow for coal deliveries. Although some of the houses have now tried to block it off with gates to create one long garden, there is still a ROW for anyone to chooses to walk along there to do so. Yours may or may not be similar, it very much depends on the original set up and what it says on the deeds. 

I have emailed the estate that owns the whole terrace to ask for clarification on use. We have side access adjoining our property, as does the other end of the terrace. So house 1 and 2 would use our side entrance and 3 and 4 would use 4's side entrance. Obviously I have no problem with the neighbour's using it, we would at least know who they are and why they were there. And presumably if we were in the garden they would shout "Just popping through" or something similar, to give us the heads up. But without warning, strangers just appearing in the garden is unnerving. 

moneysavinghero

It's not total strangers, it's just people connected with the other property. This is the whole point of rights of way - to ensure that the neighbour has a right of way that cannot be shut off because someone decides they don't like it. Could be worse, it could be a public right of way and then you really could be getting total strangers walking through your garden all day.

Your LL should have pointed it out to you really so you could have decided if this was the right property or not.

ElleT711

moneysavinghero said:

It's not total strangers, it's just people connected with the other property. This is the whole point of rights of way - to ensure that the neighbour has a right of way that cannot be shut off because someone decides they don't like it. Could be worse, it could be a public right of way and then you really could be getting total strangers walking through your garden all day.

Your LL should have pointed it out to you really so you could have decided if this was the right property or not.

I agree. We have had no communication about it whatsoever. I get your point, but they are strangers to us and the kids/dog. If it was me, and I regularly used the access, I would at least knock on the front door and introduce myself to people who have just moved in, so at least they would know who I was when I decide to access the back gate. It seems the sensible and correct thing to do. 

moneysavinghero

Maybe the best approach would be to just speak to the neighbour in a friendly way and point out what happened (im sure their parents have already told them) and request that visitors don't use the ROW unattended.

elsien

And persuade the daughter to tell her parents that if she's not answering at the front there's a good reason so please don't try to sneak in round the back. (Been there, worn the t-shirt!) 

ElleT711

elsien said:

And persuade the daughter to tell her parents that if she's not answering at the front there's a good reason so please don't try to sneak in round the back. (Been there, worn the t-shirt!) 

I know! I found the whole thing really odd. 1. Who would do what they did, without at least knocking on the front door and speaking to your daughter's new neighbours first? And 2. If your daughter and son-in-law are not answering the door on a Sunday morning, why would you let yourself in through the back?

moneysavinghero

1) TBF the parents may not even have known that they had new neighbours. Maybe they got along with the old tenants and it was something that was not a problem.Given what happened they may not try it again.
2) A lot of people would do that visiting family