Previous agreed right of access

[MRB2020]

Looking for advice on what to do on the following…
We have recently bought an old cottage which is in the end of a row of three. It is on a main road with no pavement but there are front walls surrounding front gardens for each property, also with private front gate access to each property, although going through these gates involves walking onto the main road for a short time.
The previous owner of our house (he passed away) had a verbal agreement with the middle cottage that they could access their back garden by passing through his side gate and walking through his back garden. There is no easement in place as nothing showed on any of the searches when we were buying the property.
We have a dog and because of the main road, we have decided to install a more robust self closing side gate followed by a full wood auto close lockable gate just beyond this for extra security to keep our dog safe from getting on the road. These are yet to be fully installed.
Today two people passed through our side gate into our neighbours garden, they were ‘visitors’ of our neighbour and frankly we were a bit miffed at these strangers walking through our side gate and into the neighbours house when they walked past the neighbours front gate to access the side of our house. Why couldn’t they just go to our neighbours front door through this gate rather than pass through our garden?
We told the neighbours when we moved in that we were getting a lockable gate installed, we said we would give them a key so they can access through it but we are not happy about all and sundry people coming through the gate to visit the neighbours. Twice before these people today have strangers walked from their back garden through ours to leave so we are thinking that the neighbours are taking liberties really by allowing all their visitors to access their property by walking through ours. We would also like to stop our neighbours passing through with their dog who attacked our dog the only time they met (completely unprovoked!) Our fear is if our dog is running free in our garden and the neighbour walks through with their dog, if our dog runs up to say hello and gets attacked again, what happens then?
Where do we stand from a legal perspective? From what we gather the gentleman who owned the property before us moved to the house in 2012 so not sure when this access began but I don’t think it’s been 20 years where the neighbours could dispute this as being a right they have?
In order to keep the peace with our neighbours we don’t mind offering them access through the lockable gate, but that this is just for them and not for all other people visiting the property and preferably not come through with their dog.
Thank you for any advice.

[MRB2020]

And it’s definitely not on our registry or deeds.

[MRB2020]

Now attached in its entirety. Our property is Glenfield (on the document as Glanfield) The neighbour’s is Ohio

[atticus]

Let's hope you read this reply this year.

If your property is the one that is redacted, then it is subject to that legally binding right of way. Are you sure it is not registered on your title?

But you can ask your neighbours to ensure that all visitors and deliveries go to their front door. Consider a polite sign on the gate to that effect.

I agree with the lock and key idea, if done tactfully.

[MRB2020]

Hi, following on from the above, we had a meeting with our neighbour last night to discuss access. To our surprise she seems to have som paperwork stating her right to access her back gate through our side gate and through our back garden. I have attached a photo of what she has shown us. I have been on the Land Registry this morning and found this document under her property information but there is nothing registered on our title registry. What does this all mean? I don’t even understand the jargon but it’s clear this document was drawn up years ago with long gone owners. Any advice or help would be appreciated. I feel like we’ve been roughshod into accepting that the neighbour has more rights over our land than we do and from what I read, there isn’t anything we can do?

[PallasAthena]

Take advice in case you create an easment or right of way that could be registered at the Land Registry. That could make your house harder to sell and/or reduce its value in the future. (Not something I'm an expert in, just flagging it for you to consider/investigate)

[MRB2020]

To be honest, I only saw the reply today as I had forgotten I posted for advice! Very caught up with a leaking chimney and various works which had to be done once we moved in. The gate is a temp one and we are getting a lockable one fitted soon. Hoping that will put off the neighbours visitors. We were going to give the neighbours a key and state that it is for their personal access only and hope that sorts it. We don’t want to fall out with our neighbours as it just causes a bad atmosphere between gardens!

[PallasAthena]

If I saw 'Residents only' on your sign and I was visiting a resident I would assume I was allowed to use the gate.I doubt there is any pratctical way to allow the neighbours personally to use your garden but prevent their visitors doing the same.

Have you done what atticus suggested 3 months ago and told the neighbour that you no longer wish to continue the arrangement? Do that then you can put a big padlock on the gate.

[MRB2020]

A friend of our neighbour’s let herself in through our side gate again today, this is despite it having a clip on to stop it being opened. She managed to unclip it. She bought her dog through and ours was running free in our garden, her dog behaved aggressively towards our dog and I politely stated that the access was for our neighbour only, not all her visitors. She still exited out the same way a while later ignoring what I said. We are going to get some signs to put on the gate saying ‘private no public access or private, residents only’ and one that says ‘Beware of the dog, do not enter’ Does this mean if anything happens (ie our dog reacts aggressively in response to a trespasser) and someone enters ignoring the signs that we are not responsible and/or they can be held accountable?

[MRB2020]

When you say ‘assert a stronger legal right’ do you mean if they insist something legal is put in place or if they believe such a legal document exists?

[atticus]

From what you say, it appears that you can explain to your neighbours that the agreement that they had with your predecessor was personal between them, and that it is not one that you wish to continue.

But consider anything they say should they assert a stronger legal right.