Neighbour using my garden

jojan5709

I bought my house a couple of years ago from my son.  When he bought it I asked why he had a gate next to his garage and the neighbours house.  He told me that when he bought the house he assumed it was just another way into his back garden as there was nothing about it in his contract or deeds.  However he later found out that the gate was an escape route for the neighbour because they had built their extension right up to the boundary which meant they only had one exit in case of fire.  I now own the house and have had problems with this neighbour because he was telling workmen, the window cleaner etc., that they had to use the gate to get to his back garden.  I complained to him about this and he said he wouldn’t do it again.  However, I found a delivery man in my garden trying to open the gate and when I asked why he said he had been given instructions to put the parcel behind the gate.  They also have their utility box on the side of their house which means it is in my garden.  Because the neighbour doesn’t trust smart meters he comes through the gate once a month to read the meter.  To do this he comes from his back garden through the gate then moves my bins to get to the meter and he leaves the bins all over the place and whilst I can’t prove it, I think he has scratched my car doing this.  When I cut my hedge in the back garden, I saw that he has also put wire netting and wood which means I now have no access to that side of my garage.
i don’t know how long the extension has been there but nothing came up when I bought the house to say he had this right of access over my garden.  He also built a wall out over my boundary so that he could get a car in his driveway.  Is there any way I can get this access removed and also the utility box moved out of my garden?

Emmia

How long since the extension was built/this situation was implemented? Did he need planning for his extension, and if so what did the plans say/show on this issue?

If it wasn't a fire escape then I'd say you should remove the gate, telling him to get his meter boxes relocated onto his property, and I'd get the wire netting and wood removed... But it is a fire escape, and I'm not sure I'd want to be responsible for possible deaths which might occur if the route is removed and a fire happens 

I fear you're going to need legal advice though, do you have some cover as part of your home insurance.

WalshSall

If the gate or access route is not included in the deeds, then there is no legal right for its use. That said, as previously mentioned, you do not want to prevent someone from using an emergency exit if that is what it is being used for.

Do you have your own gate that provides access to your garden before they reach theirs? If so, consider fitting a padlock with a combination code. This would prevent them from walking through your garden to reach their own gate.

The first step is to speak to them again, politely but directly. Say something like, "It has happened again, please can you stop using the garden as a cut-through?" If they continue, you could then explain that you are considering putting a padlock on your gate or removing it entirely. However, this only applies if the gate belongs to you. You cannot put a lock on or make changes to a gate or fence that is not yours. If that is the case, you might instead mention the possibility of installing a fence panel in front of their gate to block the access.

Just keep in mind that escalating things with neighbours can backfire, especially if they start going out of their way to cause problems. Sometimes, keeping the peace is worth more than being in the right.

Devongardener

The fire escape theory seems unlikely given that there are millions of properties that only have a front door and no other to use in the event of a fire.
Any official right of way would be in your and your son’s conveyancing documents.   Check those and if possible the planning permission for the neighbour’s extension on your council’s portal.   It would be highly unusual for planning permission to be granted with a proviso that the applicant had to have access over another property.
Tell the neighbour to relocate the utility box and remove the obstruction to the side of your garage.

sheenas

The simple answer regarding getting the access removed is quite simple, you can't and the reason for that is there is no access permission in the deeds to remove. Many flats and houses only have one fire exit and it would be for you neighbour to prove that have a right of access. 

The failure of your neighbour when building the extension to consider these issues, they are not your issue. I would simply lock the gate and if he breaks the lock or forces entry its a police matter. Further ask in writing for the wall to be move back onto their own property.
This will no doubt cause much annoyance and you will be left with bad neighbour, so you should consider this also. 

Section62

jojan5709 said:

...However he later found out that the gate was an escape route for the neighbour because they had built their extension right up to the boundary which meant they only had one exit in case of fire.

You might not be helping yourself by calling this an "escape route".

Presumably the neighbour has a back door which allows them to get into the back garden, and the gate's purpose is only to get from the back garden out to the street via your land?

If so, how big is their garden?  If they were required to provide an alternative means of escape then usually it would be enough that they could get into a back garden where they can stand well away from the building, it would be unusual for a single residential property to need a full escape route to a public space - that kind of thing is the norm for commercial/retail property, or for blocks of flats.  There will be a vast number of homes, including flats in converted houses, where there is no 'escape' route from a fully enclosed rear garden.

I wonder whether the 'escape route' story is one the neighbour invented in order to justify having the convenience of a rear entrance, whilst also having the benefit of extending their home to the max.  Is there anything about the neighbour's house which might justify the need for a rear escape route?

chubsta

I have a similar situation whereby my neighbour has no access to his garden as he built a garage there. I became sad watching him climb up and over his garage so I allow him access through a gate down the side of my house, he then has to lift a fence panel to get into his garden. It is all very amicable and despite me saying he can use it if I’m not there he won’t ever do it unless he has asked first so he still climbs over his garage if I’m not in.

this works well for us because it doesn’t bother me and he doesn’t assume he can just use it, sounds very different to the attitude if your neighbour. I would make sure he can’t get in the garden and always keep the gate padlocked, the issue about the utility box is another matter but I would be pressing to have it removed. 

No one has a right to use your property just for convenience.

jojan5709

Thank you so much everyone for all your comments, you are wonderful to have taken the time.  Just as one person said if it is a fire escape route, I would not want to take it away but having said that and considering other comments, if it really is an escape route why is it not just in his back garden as he has access from the back and front of his house.  I have spoken to him many times about this, he also has a grate that constantly overflows and the water runs into my garden meaning my bins can he sat in water for days and although I have asked politely several times and he promises to sort it he never has.  I also do have access to a solicitor through my insurance as someone else suggested so, maybe that is the route to go.  I really am quite an amicable person and as do do e else said they let their neighbour have access when needed and I see nothing wrong with that but this really came to a head when I came home one day to find my driveway covered in leaves and broken branches.  I had builders in at the time and they told me this same neighbour had a tree cut in his garden but told the workers to put the chipper on my driveway covered and they were also walking on my garage roof to get to the tree.  My builder did stop them from doing that but assumed I had given permission for the chipper.  So, as you can see this is a man who obviously had no consideration for neighbours.  He is always polite and agrees with everything I say but then just never does anything.  Maybe because I am on my own and I suppose at 79 would be considered elderly, he thinks I won’t do anything.
So,  thank you everyone you have made very valid points and helped me see all sides.  I feel like I have my own little army with me now but I will take on board everything g you have said.  I think my next step now is to speak with the solicitor.  I will also check on the planning portal.  I know there is nothing giving him right of way in my deeds as I have checked all that out.
Thank you again, everyone.
Janice

Section62

jojan5709 said:

Thank you so much everyone for all your comments, you are wonderful to have taken the time.  Just as one person said if it is a fire escape route, I would not want to take it away but having said that and considering other comments, if it really is an escape route why is it not just in his back garden as he has access from the back and front of his house....

Do you mean he has an access (gate) from his back garden out to a street somewhere?  If so, there seems to be no technical reason why he'd need a fire escape route through your garden. I think he may have been spinning a tale.

Emmia

Section62 said:

jojan5709 said:

Thank you so much everyone for all your comments, you are wonderful to have taken the time.  Just as one person said if it is a fire escape route, I would not want to take it away but having said that and considering other comments, if it really is an escape route why is it not just in his back garden as he has access from the back and front of his house....

Do you mean he has an access (gate) from his back garden out to a street somewhere?  If so, there seems to be no technical reason why he'd need a fire escape route through your garden. I think he may have been spinning a tale.

I think the neighbour has extended his house to remove any passage that previously existed and now wants to use the OPs garden as a passageway. I think I'd be getting legal advice, followed by removing (or blocking) the gate between the properties.

Section62

Emmia said:

Section62 said:

jojan5709 said:

Thank you so much everyone for all your comments, you are wonderful to have taken the time.  Just as one person said if it is a fire escape route, I would not want to take it away but having said that and considering other comments, if it really is an escape route why is it not just in his back garden as he has access from the back and front of his house....

Do you mean he has an access (gate) from his back garden out to a street somewhere?  If so, there seems to be no technical reason why he'd need a fire escape route through your garden. I think he may have been spinning a tale.

I think the neighbour has extended his house to remove any passage that previously existed and now wants to use the OPs garden as a passageway. I think I'd be getting legal advice, followed by removing (or blocking) the gate between the properties.

Yup, that bit was clear, the question is whether the neighbour has any other way of getting to/from their back garden other than by walking through the OP's land.  For example, does the neighbour have a back gate which goes out to an alleyway or parallel street.  The OP's latest post isn't clear about what "he has access from the back" actually means.