Neighbour using my garden

Emmia

Section62 said:

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.

My presumption was that having removed their side passage/access that they don't have an alternative other than walking through their house (or the OPs garden)

Section62

Emmia said:

Section62 said:

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.

My presumption was that having removed their side passage/access that they don't have an alternative other than walking through their house (or the OPs garden)

That's what I thought, until the OP's post today. Now I'm not so sure.

FlorayG

Section62 said:

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. 

That's not a legal requirement though. I know lots of houses (all older ones) where the back garden is only accessible through the house; makes mowing the back lawn a major undertaking for removing the cut grass

marcia_

 I live in a new build with no access from the back to the street. I would simply put a lock on the passage way 

Section62

FlorayG said:

Section62 said:

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. 

That's not a legal requirement though. I know lots of houses (all older ones) where the back garden is only accessible through the house; makes mowing the back lawn a major undertaking for removing the cut grass

For two-storey single-occupancy domestic dwellings yes, but for other types of building the situation varies in terms of requirements for escape.

But a wholly moot point if the neighbour does have some external back garden access/egress other than the gate into the OP's garden.

WIAWSNB

Jojan, could you come back to clarify, please? A sketch would help too.

But, on some elemental points as said before, countless gardens have no exit other than through the house. Most back-to-back Victorian terraces are like this. Do folk perish in their gardens if their house goes on fire? Of course not - they'd crash through the fence in to a neighbouring garden long before this. Do you think any of these folk could insist on a fire-escape gate being put in to their neighbour's boundary? Not a chance.

Section62

WIAWSNB said:

...Do you think any of these folk could insist on a fire-escape gate being put in to their neighbour's boundary? Not a chance.

Not insist.  But they could make an arrangement by agreement.

nottsphil

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

I thought you were not allowed to build within a metre of the boundary.

Section62

nottsphil said:

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

I thought you were not allowed to build within a metre of the boundary.

You can build right up to the boundary - so long as you get planning consent and (if necessary) a party wall agreement. (and provided there are no building regs issues).