Right of access to our back garden through our neighbours garden - their request to restrict estate agent viewings to core times

[Clairelf]

Hi we are in the process of selling our first floor maisonette = we have right of access to our back garden through our neighbours (ground floor) back garden.

Our neighbours have asked that we restrict estate agent viewings to the garden to 9 - 6 pm but I don't think they can enforce this as we have right of way through their garden and also we may miss out on potential buyers because they work and can't make appointments within these hours.

I think it would be reasonable to say we will inform our neighbours of any viewings arranged in advance outside of these times. Is this reasonable/correct?

Thanks in advance

[rockyracoon]

I think you're being more than fair, the right is on your side. 9am-6pm is not reasonable, people have to work and may only be able to view of an evening.

[albaqwerty]

The majority of our viewings happened between 6 and 8pm due to peoples work commitments.
We did ask Estate Agents to let us have Sundays and one day off a week.

[sunny-dave]

I can see your neighbours point of view - I wouldn't want a stream of strangers tramping through my garden when I might want to be relaxing there myself.

Legally I think Rocky is correct - but do try not to upset your neighbours ... one or two words at the wrong time from them could easily put off a prospective buyer.

Perhaps try to negotiate some sort of more useful limits (perhaps a couple of nights a week up until 8pm).

[heathfield]

In your question you say you have right of access, but then go on to say you have right of way. In law, the two things are completely different. With right of way you can pass through at any time, but under right of accesss your neighbours are well within their rights to allow this by arrangement at times suitable to them.

[woofgang]

you need to be clear which it is if you are selling.....if you tell purchasers the wrong thing, you can be sued.

[heathfield]

True. Good point, Woofie.

[murraymints]

does not bode well for new owners..what if they want to get into the garden normally in the course of the day when living there !!! Your neighbours willl have to lump it..your accesss rights will be in your deeds !!!

[woofgang]

neighbours will not have to lump it if access rights are limited! Neighbours can also make selling the house more difficult and the search doc that is completed before a sale also has a question about if you have ever had a disagreement with a neighbour....so be nice!

[Clairelf]

Hi all - thank you for taking the time to answer my post - all comments have been useful. I will check our deeds but will try and resolve this amicably!
Thanks again