Neighour Access

Hi everyone.

Hoping somebody can tell me if there is any liklihood of my neighbours having right of access  through my back garden when there is nothing in my title deeds which says so?

I'm my title deeds it's clearly 
stated in both the wording and drawings that *I have legal right of (pedestrian) access and egress through the gardens of the properties on either side of me, but there is absolutely no mention of anybody having access rights through my own garden.

It seems logical (that they *don't,) because they have no actual need to seeing as mine is the middle house in a terrace of just 3 houses.. Each neighbour has a separate gate which gives them access to the public path for getting bins in and out etc. 


  • molerat
    molerat Posts: 31,538
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    To be sure you need to look at their deeds. 
  • MalMonroe
    MalMonroe Posts: 5,783
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    Any chance you could have a word with said neighbours? That's always my first port of call. It seems that in the UK many people really do assume a lot and become really shy when it's time to try to solve problems with strangers. (And I'm British too. Never understood the great assumption thing.)

     If they've been cutting through your garden, I'd ask them in a pleasant manner why they do it. It's a perfectly reasonable question given that they have other means of access. 

    Who knows? You may even end up liking your neighbours and asking them to join you for a drink in your garden next summer, that's what my neighbours and I do. Makes for a happier home life, somehow.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • MrsStepford
    MrsStepford Posts: 1,483
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    It's a question that I would have expected a decent conveyancng solicitor to have found and answered before a sale went ahead. In England, we turned down a house because neghbours had access to the garden. 

    I'm looking at houses in Scotland atm and I'm surprised by the number of houses with access for neighbours and/or being overlooked by neighbours' opening ground floor windows. Plus satellite dishes parked above driveways and gardens by neighbours, as well as floodlights pointed into the garden by neighbours... and barbed wire on top of a fence (and this for a 6 bedroom house in the Highlands). 

    And what's with guttering being placed across dormer windows ? I saw one terraced house where neighbours had removed the guttering so they could get their loft extension closer to the next house, resulting in rain running down the side of the house in the tiny gap between dormer window and loft extension, and causing a huge damp patch. All wthout a party wall agreement or planning permission. 

    Scotland is a different country. 

    If your vendors knew about the access and didn't tell you or the conveyancing solicitor didn't search properly, you mght be able to take civil legal action. 

  • diystarter7
    diystarter7 Posts: 5,202
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    Hi OP
    To me it reads like what you posted

    You can check next doors deeds online for around 3 quid i think it is, all done within secornds
    However, I'm never sure if those deeds cover everything ie we checked next door on a rental and nothing in our deeds and nothing in theirs but they were using the narrow path back of garden and down side. As its a rental cant be bothered - that rental is EoT and made up of 4 houses.
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