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Neighbours right of way access

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cubawalls | 16:55 Sat 24th May 2008 | Home & Garden
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I live in an end terrace house. My adjoining neighbours have right of way access around my back garden to there property but there son has started to abuse the situation. When we are sitting out sunbathing or my 7 year old daughter is out there playing all of a sudden he will troop round with a load of his mates when ever they like. We feel we have no privacy. Surely this access is only for bringing items round that won`t fit through the house etc.. not to use my garden as part of theirs when they feel like it? Has any one got any advise on my rights or what I can do?

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I doubt that you've got any cause for complaint against your neighbours (or their visitors).

When I lived in a terraced house, I had a right of way across the gardens of two neighbours, to get to my back door. It was the convention in that area (on the northern outskirts of Sheffield) that nobody ever used their front doors. If you visited anyone along that road, you'd find that their front door was blocked by furniture or even sealed up. Everyone always walked across neighbours' back gardens to get to their own property. (If anyone saw you actually using your own front door, you'd have been regarded as extremely 'odd'). Everyone had their letterbox in their back door and milkmen always delivered to the rear of properties. In about thirteen years at that address, I never saw anyone in that area ever use their front door.

If you live in a similar area (or even if you don't but your house has similar covenants) you should expect everyone living at the neighbouring property, and everyone visiting it, to walk across your garden.

You've got reason to complain about your neighbours. Your only complaint, if any, should be against the solicitor who acted for you when you bought the house, for failing to explain the significance of the covenants relating to access.

Chris
I am in the exact same situation. Thing is you can also see into my house. its very depressing to know that 'anyone' can walk through your property at any time they wish.

I have tried to seek advice from every direction and i have no answers so far. Apparently it is also legal to trespass! The police cant do anything even if my neighbours have the right to access my passageway. Its a joke. I think someone needs to bring out a new law against this. I thought the same as you that you can only access the path with good reason and written notification.

Let me know if you find out anything. i'll keep you posted. I'm seeing my solicitors on Tuesday. Fingers crossed.

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