Right of way by neighbour - what is reasonable?

[KLW]

Hello all!

We have recent bought a terraced house for my mum to live in and get her out of the terrible council house she currently lives in.
The house is old fashioners and we are currently renovating / updating it before she moves in and while there we have had a chat with the neighbour (end terrace owner) regarding the back garden/yard and their access.

We were aware that they have a right of way along the back of our house through the rear garden. We assumed this would be mainly for emergency type access or sticking the bins outs etc., however, whilst at the property we have noticed that they appear to use this access to their rear garden CONSTANTLY as he keeps motorcycles/scooters in the back of his garden and pushes them through all the gardens along the back access. He also appears to have visitors come through this way, dispute having a 2 car length gated driveway to the front onto the public road and front entrance to his property.

We are concerned that this will intrude on my mums privacy as the garden/flagged yard at the rear is raised and the kitchen and living room windows are very overlooked when someone is stood at the back waiting for him to unlock his gate from the inside the let them in his garden.

We mentioned that we would probably be putting a fence on the opposite side to his with a gate on too that he can use as my mum has a dog and grandchildren so would like to make it safe and secure for her to use. He then complained that he “needs to get his bikes through” which I said we would make it wide enough for him. However, I am worried that my mum will not even be able to have furniture in the yard as it would have to be moved constantly if he wants to push a motorbike through.

Is it reasonable for us to not expect him to use this right of way constantly and to ask him to take visitors through his property instead so they aren’t looking in on the bottom windows of our house?

I have included the deeds wording from the solicitor when we bought the house:
”TOGETHER with general and unrestricted rights of way at all times hereafter and for all purposes (in common with the Vendor and all other persons entitled or to become entitled thereto) over and along the whole of the said back road AND ALSO the use (in common as aforesaid) of the common sewers drains pipes and cables made or laid or hereafter to be made or laid thereunder respectively RESERVING nevertheless unto the Vendor and all persons deriving title under him (in common with the Purchaser and all persons deriving title under him) general and unrestricted rights of way at all times and for all purposes over and along the portions hereby respectively conveyer of the said back road.”

The “back road” refers to the now gardens along the back of the 9 terraced house.

Thank you for your replies in advance!

[KLW]

Adding to original post -

Would it be allowed to suggest fencing in a path along the very top of our land so that he has a permanent path and doesn’t need to walk through the garden constantly and it would make the rest of the garden secure for my mum? That way the neighbour and his visitors would not be looking in on the downstairs windows when passing through as well.

[KLW]

Just to also add;
I believe that the right of way that appears to have been created in 1933 when the houses were built was due to them only being through by light terrace houses back then and them all needing access at the back to their coal shoots, cellars and land etc. the houses on the street all now have back doors in so the rears can all be accessed through their own properties and they don’t HAVE to walk along the road and around the back from the street anymore .
Would this render the easement / right of way unnecessary now? Would we have any luck with this legally as the neighbour just chooses to still use it even though he has front and rear doors to his property.

I believe the whole land at the back of the row of houses are the stated “back road” which means for the whole block of terrace houses, so we all theoretically have right of way to all along the back. However, the end neighbour at no.9 that I am having problems with has blocked his “corner end” off with a large fence and gate next to our rear garden and property that only they can open from their side which I believe is not really allowed. We are not bothered by this but obviously it’s a little hypocritical if he’s blocked his own rear land off to others in the row of terraces when he still expects to use everyone else’s!

[IdefixUK]

Hello KLW.

It has been said that easements should be treated as though they last forever. They can only be removed by a written deed extinguishing the easement or where the reason for the easement has disappeared ( e.g. A right to use an outside lavatory which has been demolished with no intention of rebuilding it). Rarely the actions and words of the owner of the dominant tenement (user of the right) towards the owner of the Land over which the easement is exercised, can be sufficient to establish that there is an intention never to use the right again.
What this means is that you are stuck with it. In fact the neighbour could possibly insist that you (and others along the street allow him to drive something as big as coal lorry along there (if this was the intention at the time of creation of the easement)!
Your idea of getting the neighbour to agree to using a fenced off portion of the read yard is your best bet. A bottle of whisky/wine may start help the conversation take place. Ideally, if he is agreeable to this, then the extent of the old deed should be ended and a new deed be written detailing the new rights. You might need to offer an incentive of a few hundred pounds as you will, in effect, be buying a part of his property rights from him. If either property is mortgaged then the lenders will need to give permission. Probably best done by an experienced solicitor/conveyancer.
It may seem as though all the houses have rights across your land, but I suggest this is only if the back road was open at both ends originally (e.g. For through traffic). If I'm right then effectively you only need to deal with number 9.