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Neighbour constantly trespassing in yard, claims right of way.

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  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    edited 2 October 2017 at 3:20PM
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    I'd be tempted to ask anyone you know who has got a German Shepherd or Rottweiller (any large dog really) if they can come and stay with you for a while :D (I mean the dog not the relative/friend)
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 2 October 2017 at 2:05PM
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    Mossfarr wrote: »
    If they actually own the gate then you may not have the right to padlock it. I would buy a sturdy piece of trellis and fix it across the gateway on your side. A couple of heavy planters in front of that too.
    They can still open 'their' gate but can no longer go through it (unless it opens outwards into your yard that is, in which case they won't be able to open it)!
    My understanding is the neighbour's property ends a few steps from their back door. Then there is a yard (owned by OP). Then a fence with the gate. Seems unlikely the neighbours would own the gate.....
  • G_M
    G_M Posts: 51,977 Forumite
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    Cheeky_Monkey wrote: »
    I'd be tempted to ask anyone you know who has got a German Shepherd or Rottweiller (any large dog really) if they can come and stay with you for a while :D
    Nuhhh! No point really.

    Better to have the German Sheperd to stay than the owner.
  • Skutter47
    Skutter47 Posts: 15 Forumite
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    Yes, that's correct, the gate is ours, it is the way out of our yard to the road, they have to cross the whole of our yard to get to it, it's definitely ours.

    We will padlock it, and write them another letter, and i'll pop back and let you know how it goes. Thanks for all the advice.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    Personally, I think I would try to just live with this. If the garden/yard isn't being damaged whats the harm.

    Life is too short to get upset about things like this. If their house was built with a back door, the builders must have envisaged that they would use it.

    That said, if this is causing you stress or difficulty, you have every right to put up a padlock. You are perfectly entitled to stop people entering your property.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    davidmcn wrote: »
    Indeed, this is what I can't understand either - assuming the door isn't a recent addition then surely the neighbours will have acquired some sort of right to use the yard.

    Even if they have - they'd have to prove it.

    Though, I gather, it's a low level of "proof" required - just a letter giving their word for it that they have basically.

    But - for the sake of £20 - OP might as well put that padlock on and that should be that. I believe that padlock will have to stay put for 1 year 1 day and then that's that and any "time put in" by them towards trying to get prescriptive rights will have been "broken" and they'd have to "start again" piling up time towards it.??? Pretty sure that's how the law works....
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    steampowered wrote: »
    Personally, I think I would try to just live with this. If the garden/yard isn't being damaged whats the harm.

    Life is too short to get upset about things like this. If their house was built with a back door, the builders must have envisaged that they would use it.

    That said, if this is causing you stress or difficulty, you have every right to put up a padlock. You are perfectly entitled to stop people entering your property.

    The thing is though that isnt just literally a case of whether one is or isnt allowing a neighbour to get away with trespassing on your property.

    The ramifications are wider than that - they affect house value as I understand it.

    So - if a neighbour has legal rights to use some of your garden, then the value of your house decreases (ie because all your property isnt totally 100% for the use of yourself only). In reverse - I believe the value of their property increases (ie because they have the use of some property not belonging to them).

    This may be the truth of why this woman is playing silly b*ggers - she may be trying to increase the value/saleability of their house (and not caring that, in the process, she'd be decreasing the value/saleability of OP's property).

    There is also a possible question, I imagine, of what happens if this woman were to injure herself (eg by tripping on a loose flagstone or something) whilst crossing OP's yard. Would she be able to sue OP for an accident - even though the accident wouldnt have happened if she hadnt been trespassing on OP's property?
  • m0bov
    m0bov Posts: 2,524 Forumite
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    What if the neighbour were to claim they have maintained the yard and claim it as part of their own? Or things start going missing, or even worse, you come home to a shed or outbuilding on it!

    Def padlock, then 101 it if they break in. Can you rig up some CCTV? Or dummy cameras and stickers? solar powered security light?
  • Tammykitty
    Tammykitty Posts: 1,005 Forumite
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    How long has the neighbor (or previous residents) been accessing their back door through your yard - as if its been over 20 years, there could potentially be a right of way now.
  • ProDave
    ProDave Posts: 3,721 Forumite
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    G_M wrote: »
    Since the Title Plans of the the two properties clearly (apparantly) show the boundary being 'a few steps' into the yard, and the rest of the yard falling within the OP's property, it is for the neighbour to prove a ROW exists across the land belonging to the OP.
    Is there a FENCE along the boundary (i.e. a few from their back door)?

    If not, it could also be conter argued that the OP is "enjoying" part of his neighbours yard as if it was his own?

    A sketch or satellite image would help.
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