Right of Way Access End Terrace

gozaimasu

I used to frequent one of these kinds of houses - the middle one. The person on the right had access through our garden, and we had access through the person on the left. Never once did we ever go round the back unless it was with wheelie bins. The guy on the left often felt it was ok to poke his head through the hole in the gate instead of leaving us in peace, yet we still never went through his back garden just whenever we felt like it. The ones on the right never bothered us and I'd have been just as annoyed as you to find their random guests passing through the garden to get to their house because they weren't answering the front door - as I'm sure the guy on the left would have been too.

If I were you I'd be moving out (well actually I'd never have moved into a place like this). If I owned it I'd be putting up a fence between the garden and the path/right of way. Doubt your landlord would bother paying that for you.

ElleT711

Thanks all for you comments and points of view. I think what we can all agree on is that we should have been made aware of the ROW details, and what we should expect in terms of its use. I have emailed the estate that manages the row of the four terraces to ask for clarification and I await their response. If it is the case that anyone can use our garden for access, I think the best solution is that we put up a small fence to keep the children and dog safe, and retain some privacy in the summer months should we want to sunbathe, paddle in the pool etc. This will also prevent the dog giving any unwanted attention to the neighbour's and their visitors!

Section62

ElleT711 said:

I think the best solution is that we put up a small fence to keep the children and dog safe, and retain some privacy in the summer months should we want to sunbathe, paddle in the pool etc. This will also prevent the dog giving any unwanted attention to the neighbour's and their visitors!

Living in any terrace isn't really conducive to privacy - if the neighbours and their guests really wanted to watch you and your children in the back garden then presumably they could still do so from an upstairs window, even if you put up a 6 foot fence.

Also be aware that a privacy fence between the house and the back garden also means you wouldn't be able to see what is going on in the garden if you leave the children and/or dog there even for a few minutes while going into the house. They might be safer overall if you accept the lack of privacy and just have a low chainlink or netting fence.

ElleT711

Section62 said:

ElleT711 said:

I think the best solution is that we put up a small fence to keep the children and dog safe, and retain some privacy in the summer months should we want to sunbathe, paddle in the pool etc. This will also prevent the dog giving any unwanted attention to the neighbour's and their visitors!

Living in any terrace isn't really conducive to privacy - if the neighbours and their guests really wanted to watch you and your children in the back garden then presumably they could still do so from an upstairs window, even if you put up a 6 foot fence.

Also be aware that a privacy fence between the house and the back garden also means you wouldn't be able to see what is going on in the garden if you leave the children and/or dog there even for a few minutes while going into the house. They might be safer overall if you accept the lack of privacy and just have a low chainlink or netting fence.

Good idea! I was just thinking a small fence with a spring gate to keep them secure during the summer months when the back door is open and we are all in and out. The set up of the garden makes this easy as the ROW is over a patio and then there are steps up to the lawn. It's really just to prevent the situation of strangers wandering through (and leaving the side gate open) while the dog could be wandering about on the patio. I am not concerned about being overlooked by the neighbours, it's more the feeling of the unknown entity of strangers appearing out of nowhere that's disconcerting. 

TBagpuss

Id also download the deeds for you house and then next door and see what the ROW actually says. It may be for any purposes but a few are more limited - I viewed a property where the RoW was expressly for coal delivery and waste collection, which was oddly specific! 

theoretica

My parents live in a row with ROW along the end of the small gardens and everyone who uses it (including when the children on the left want to meet up with the children on the right) is very good about shutting the gates and the dogs stay in.  So I wonder how much is surprise and expectation, and will work out fine once you are more used to it. 

ElleT711

The estate management have got back to me, and confirmed the access is for the neighbours only and to be used for large deliveries and taking out bins etc. Not for general access and not for visitors.