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Unsure if neighbours have right of access to my garden

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  • Unsure if neighbours have right of access to my garden

    We have an alleyway to the side of the house which is shared by 4 houses, our house is on the one side and 1 set of neighbours go through our garden to access the alley to take out the bins. In our deeds, it does not mention that they have any through access to the garden and our solicitor said it seemed like it was a verbal agreement when we bought the house. I have bought their deeds and it says that they are able to use a footpath through our garden. Usually I would be fine with this, but we have had to call the police regarding dv from within the house and are not comfortable with the neighbour having access. Any idea on if we can lock our gate and only open for bin days or is it being in their deeds enough for that to be a legal issue? Not sure if it would make any difference but they are tenants and we do not have a contact for their landlord.
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  • #2
    You say that your neighbour's "deeds" (presumably Land Registry title record) shows a right of way over the footpath through your garden. So yes, the fact that the right is stated in the neighbour's title is sufficient for it to be a "legal issue". Any attempt to restrict that may lead to action being taken to enforce the right and prevent it being restricted.

    Your neighbour's right of way over your land may well be an "overriding interest" to which your property is subject even if this is not shown on your title.

    Any action would have to be taken by the owner of the property. Of course his tenants may report difficulties to him.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      If your deeds say your neighbors can use the footpath through your garden, it might be legally binding. But, hey, I'm not a legal expert, so you might wanna check with one to be sure. As for the safety concerns, have you thought about getting security cameras or talking to the authorities about the domestic violence issue? And about the gate, maybe you can have a chat with your neighbors to find a compromise that works for both of you.

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