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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbor demands from me to let her gardener through my

Resolved Question:

My neighbor demands from me to let her gardener through my end terraced house property (back garden) every fortnight with a heavy lawnmower which he carries through my patio. I have built up the new fence with the locked gates. She wants me to keep all the gates open for a gardener when I am not at home. The area is not quite safe and keeping the gates open all day causes some problems. am I obliged to let the strangers into my property without my permission?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the neighbour has any formal right of way over your property as registered on your title deeds please?
If not has she exercised a right of way over your property for any period of time? If so how many years roughly?
Customer: replied 2 years ago.

I am not sure about her title deeds. Because we bought the property three weeks ago. and today she raised the issue about her gardener. she mentioned that her gardener had been walking through our property for 2 years. though she has the access to her back garden through the back door.

Customer: replied 2 years ago.

I am not sure about my title deeds. Because we bought the property three weeks ago. and today she raised the issue about her gardener. she mentioned that her gardener had been walking through our property for 2 years. though she has the access to her back garden through the back door.

Expert:  Joshua replied 2 years ago.
Many thanks. Unless she has a formal right over your property in her title (this would also be registered on your title deeds and your solicitor certainly should - and I am sure would - have told you about this if it existed) she has no right to walk over your property nor does she have a right for her contractors to do so without your permission. 2 years of use is not sufficient to create a right. She needs to have 20 years of continuous use to establish a legal right through long use.Accordingly you could simply say to her that if she can demonstrate to you that she has a legal right of way over your property of course you will provide her with a key to the gate (you would have no choice if she does, but could revert to your solicitor to ascertain why you were not told about this as this would amount to negligence if it were true) but unless she can show you as much you are not happy to provide access over your land nor leave your gates open (if this is the case) regardless of what the arrangement may or may not have been with the previous owner.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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