Access through other gardens

onetimeatponycamp

I’m in the process of buying a house that is a typical Victorian terraced cottage with access to the garden through other gardens out to the side of the terrace.

I enjoy cycling and have just been thinking that I will be storing my bike in the garden shed, and ideally I would want to take it out to the side rather than dragging it all the way through the house each time I use it.

I’m just wondering what the etiquette is for using back access on a regular basis? I don’t want to annoy the new neighbours!

user1977

Doubt there's a standard answer to this - some are going to be used once in a blue moon (e.g. for maintenance or garden work), others only on bin day, others might be used all the time. Best to ask vendor/neighbours, assuming there's no specific restriction in the titles.

TripleH

The deeds should include information on right of way access and what you can / cannot use it for. Ask your solicitor about what it says?

eddddy

As a starting point, I'd mention your plan to the seller - and ask them if they use the access much, and or whether you should expect any 'resistance' from any of the neighbours, if you use it.

The ideal approach would then be to introduce yourself to each of the neighbours and mention your plan - and see if you get any 'resistance'.


Whilst your deeds might give you the legal right to use the access, you probably want to know if it's going to cause a 'feud' between you and your new neighbours. These types of access arrangements can often cause friction.

FWIW, I've come across people who intentionally block this type of access, or claim that the access can only be used for delivering coal, etc. 

jj_43

Don’t over complicate the situation it should be fine. You new neighbour might be a chatty type, every time your passing by they may be waiting for you for a good chat.

KittenChops

One of our buyers' enquiries through our solicitors was "Have you ever experienced any difficulties with the access or use of it?" (in relation to a ROW over the neighbours' land)  Perhaps ask your solicitor to make a similar enquiry?

Woolsery

KittenChops said:

One of our buyers' enquiries through our solicitors was "Have you ever experienced any difficulties with the access or use of it?" (in relation to a ROW over the neighbours' land)  Perhaps ask your solicitor to make a similar enquiry

I’m just wondering what the etiquette is for using back access on a regular basis? I don’t want to annoy the new neighbours!

Kitten Chops is bang-on with an enquiry via the solicitor, which makes the answer more official, but also download at least one of the potential neighbours' title docs to see exactly what those say.

The etiquette, I'd say, is to use the thing at least weekly and possibly more often to make sure nobody begins to form ideas about trying to close the RoW. They can't in a legal sense, but that doesn't stop some people ignorant of the legal position putting physical barriers in place, especially since the 'bin men' don't use the back lanes any more. The neighbours have no basis on which to be annoyed if the right exists.

I say the above as someone with a neighbour's RoW across their front garden and as a walker who sometimes comes across padlocked gates on public paths. There shouldn't be any problems with either.