Access to my garden

ithilla

I own an upstairs flat and the back garden and fence that surrounds it. Downstairs are selling their flat and demanded I move my bin from in front of an old gate, saying it was blocking access, despite this gate being screwed shut for at least the 11 years I've been here. They cited access as their reason. They would only need access for repairs really as the garden and land are mine. I refused saying they have access through a different gate further along the fence. They didn't accept this and entered my garden and started shifting the bin and a table and chairs, some of which was leaning against their downstairs wall. Did they have the right to do this? Also, if they've got access through a different gate, do they have the right to dictate to me where they can access the garden?

Mojisola

As they got into the garden, presumably through the other gate, they've proved that they don't need the other gate to open for access - unless there's something in their deeds that gives them a right of way through that particular gate. 

ithilla

Yes, they did access the garden and knocked on my front door through this other gate. I explained that that is their access.
But I've read that they actually need permission. And I'm absolutely certain they have no right to move my personal property.
Another thing is I don't want two access points to my garden, so I don't want to re-open this old gate, for security reasons.....

brross

I would say that you would need a solcitor to look at the deeds to establish exactly what their access rights are? But if they're moving, isn't it best just to go with it and keep the peace?

elsien

What do your deeds say about garden access?
what do their deeds say? 

They are probably doing it so they can tell prospective buyers there are 2 access points. So either way you’re going to have to check, so the new people don’t start bringing themselves through as well.

ithilla

They have absolutely no reason to be in my garden. I would say window cleaners as they have two windows backing onto my garden or if there was a problem with their external walls. The second gate was screwed shut well before I moved into the flat 11 years ago and I'm not reopening it. There is absolutely no need. They have access through my main gate. They should be asking my permission to enter my garden. I own the garden and the fence that surrounds it. Their front door is nowhere near my garden so there is no access to their flat from my garden. 

elsien

ithilla said:

They have absolutely no reason to be in my garden. I would say window cleaners as they have two windows backing onto my garden or if there was a problem with their external walls. The second gate was screwed shut well before I moved into the flat 11 years ago and I'm not reopening it. There is absolutely no need. They have access through my main gate. They should be asking my permission to enter my garden. I own the garden and the fence that surrounds it. Their front door is nowhere near my garden so there is no access to their flat from my garden. 

Whether they need to or not is subjective. Whether they have the right of access for any reason, and where from, is down to what is on the deeds.
As per my previous post, you need to check your deeds and their deeds to establish exactly what rights they do or don't have. 

Mojisola

ithilla said:

They have absolutely no reason to be in my garden. I would say window cleaners as they have two windows backing onto my garden or if there was a problem with their external walls. 

Get a lock on the gate they have used. They can give you advance notice if they have a need to come into your garden for house maintenance. 

MWT

Just for added emphasis, all the answers are in the deeds and any associated covenants, read those and if they are right then yes, you should restore the access and not block it, annoying as that might be.

Nothing wrong with having a friednly chat with the new occupants when they arrive and making mutually agreeable arrangements to allow you to put the bin back where you want it...