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AIBU

A not so private garden

(48 Posts)
Savvy Tue 08-Jun-21 12:55:02

I live in a ground floor flat which has private gardens front and back. The upstairs flat has its own private back garden, but no front garden.

The last two tenants of the upstairs flat seem to think they have a right to walk straight into my back garden without a by your leave from me. The garden is straight outside my living room window so their invasions of my garden is also an invasion of my privacy.

The previous tenant would happily just walk straight in, most of the time wearing just his underwear, to retrieve his dog which has gotten through the fence. The fence by the way is the responsibility of the upstairs flat and is badly in need of repair. The new tenants just tell anyone who needs access to the rear of the property to go straight into my garden - again without any word to me.

I have now padlocked the garden gate and my neighbours are furious. I've explained my reasons and told them I'm quite happy to unlock the gate to allow access if I'm asked first.

AIBU my restricting access to my garden by insisting that anyone needing to come into my garden asks first and doesn't just walk straight in.

I should point out that I'm disabled and live alone.

CafeAuLait Tue 08-Jun-21 12:59:57

I don't think you're unreasonable, you're within your rights. Without knowing the layout though, I'm not sure if the neighbours don't have other easy access to their yards. That could explain why they are annoyed. Did you talk to them about it first or go straight to the lock?

aggie Tue 08-Jun-21 13:02:47

How can they access their garden without going through yours ? Is it a shortcut ?

pinkquartz Tue 08-Jun-21 13:05:49

I had a similar situation some years ago. It is not on for people to enter via your garden.
Speak to the Landlord. Although it did take some time the HA gave my invasive neighbour another entrance to their garden even though they aready had an entrance they wanted to use the nearest place to their car.
The problem was solved.
Do mention that you are disabled as I know in my case I felt very vulnerable.

Savvy Tue 08-Jun-21 13:07:38

There's a separate gate for each garden, each one can be accessed from the communal area at the side of the block. There's absolutely no need to even come through my gate, each gate just gives access to each private garden.

nanna8 Tue 08-Jun-21 13:08:40

What is it they say- something like Good Fences make Good Neighbours?

Parsley3 Tue 08-Jun-21 13:13:42

Keep your gate locked and stick some chicken wire over the holes in the fence. The neighbours are in the wrong and you are being very reasonable in allowing access if asked.

CafeAuLait Tue 08-Jun-21 13:20:43

Savvy

There's a separate gate for each garden, each one can be accessed from the communal area at the side of the block. There's absolutely no need to even come through my gate, each gate just gives access to each private garden.

What reason do they think they need to cut through your yard? It sounds like there is no need for it.

Savvy Tue 08-Jun-21 13:37:42

They're not using it as a shortcut, my garden is self contained, but they are sending any random workman straight into my garden without asking me. I'm quite happy to allow access if I know who they are and what they are doing there, but my upstairs neighbours are usually at work and without expecting them, I've no idea if these people are genuine workmen or not.

Their argument is that they don't need my permission to engage workmen, but surely they should be asking my permission to access my property, especially when its not an emergency.

Helenlouise3 Tue 08-Jun-21 13:40:55

No they don't need your permission to engage workmen but they do need your permission to come into your private garden. Stick to your guns and keep that gate locked.

Petera Tue 08-Jun-21 13:47:44

Savvy

They're not using it as a shortcut, my garden is self contained, but they are sending any random workman straight into my garden without asking me. I'm quite happy to allow access if I know who they are and what they are doing there, but my upstairs neighbours are usually at work and without expecting them, I've no idea if these people are genuine workmen or not.

Their argument is that they don't need my permission to engage workmen, but surely they should be asking my permission to access my property, especially when its not an emergency.

We went through this some years ago when we split one property into two. You should probably talk to someone who really knows but my memory is that you have to give them reasonable access, not unrestricted access, and that the interpretation of this is that - if they need access for works - they discuss it with you and you came to an agreement on a mutually acceptable solution on a case-by-case basis.

3dognight Tue 08-Jun-21 14:14:08

You are not being unreasonable.

I would be spitting feathers if I were you.

JenniferEccles Tue 08-Jun-21 15:27:24

As the people in the top flat have their own entrance to their private garden, I am struggling to understand why they ever started going through your garden, especially as it’s not a shortcut.

I wonder how they would feel if you did the same and cut through theirs to get to your flat?

You are perfectly within your rights to padlock your gate to preserve your privacy.

Surely they can see that.

Elegran Tue 08-Jun-21 16:05:28

The equivalent wpuld be you having a tradesman to fix your TV aerial and sending him through their house to a skylight that would take him up onto the roof - but without asking them, so that the first they knew of it was him tramping through their hall and past their bedroom door.

Ask them if they would have thought that was OK or whether they would have preferred to be asked whether it was convenient. Add that you would probably always give your permission if asked - but to do it without asking is not on.

DiscoDancer1975 Tue 08-Jun-21 16:09:51

Agree with everyone else. No one has a right to come onto your property without consulting you first, except emergency services.

B9exchange Tue 08-Jun-21 16:16:26

Stick to your guns, can't imagine what they are doing in your garden anyway if they don't need to use it to get to theirs. If they need work done on their garden, and it can only be reached from yours, then they make an appointment for you to let the workman in at your convenience, but there is no need at all for your neighbours to come in themselves.

annodomini Tue 08-Jun-21 16:24:51

I live in an end terrace (built 1891) The only access the two neighbouring houses have to their rear entrances is via my rear patio. It's written in the original deeds that the occupants of those two properties have the right of 'wheelbarrow access' which I now take to mean their wheelie bins and bikes. They have never imposed on me and I have found them to be perfect neighbours. I wonder if there is ever a similar provision in the deeds of modern properties. How do the OP's neighbours get their bins out, or are they always situated out the front?

Savvy Tue 08-Jun-21 17:24:12

All of the bins are kept in the communal area. The communal area consists of a pathway from the street to the two neighbouring blocks of flats, access to all the gardens relating to those flats, the front doors to the upstairs flats and the side doors to the downstairs flats. The bins are kept by the doors to each individual flat.

Each garden is separate and just backs onto the gardens in the next street. There are no walkways, no doors, just gardens.

Summerlove Thu 10-Jun-21 22:32:20

You are not unreasonable

I’m still so confused why they don’t send people to their own garden?

Savvy Thu 10-Jun-21 22:56:45

Their own garden isn't near the back of the property so if there's any work to be done, my garden is the only one they can use, and I don't mind if I know who to expect and when.

I've been speaking to the neighbours in the adjoining ground floor flat and they had the same issue with their upstairs neighbour at first and had to put a stop to it, so I'm not alone in this.

Whatdayisit Thu 10-Jun-21 23:14:19

You are not being unreasonable.
Any harassment because of your padlock keep a note if it and take further action if you feel necessary.
Just Cheeky Fs.

Chewbacca Thu 10-Jun-21 23:22:04

Tell them you've sprayed weed killer in your garden and they need to keep their dogs out.

geekesse Fri 11-Jun-21 10:00:36

I think you should take to nude sunbathing. That would make the workmen think twice about cutting through your garden!

Elegran Fri 11-Jun-21 10:18:50

It might encourage them, geekesse They could start taking the short cut through the garden to houses three streets away.

Moggycuddler Fri 11-Jun-21 10:54:17

You are not being at all unreasonable. We had a similar problem once with a neighbour who used our back garden as a shortcut all the time. We would just see her suddenly walking right past our living room window, going back and forth, sometimes several times a day, and having a good gawk in at us as well. Thankfully we moved.