Legal assistance in border disputes

Questioner

Our neighbours walk across our path ten times a day to get out at the side of the house. (This is about ten metres) We consider this an invasion of our privacy. After walking across the path once, they do not want to put their bike down at the front and enter through their front door. So we wonder. Is this allowed?

Lawyer

If no right of way has been established, this is not permitted unless this has always been the case and such a right has arisen through prescription.

Questioner

Sorry, but that is clear to us. This concerns a large piece of garden (backyard) that my neighbours have to cross. When we sit at the table to eat, they see what we eat. We mean such a crossing. Not a path between houses. This concerns the backyard of a 1930s corner house. My neighbor manages to walk back and forth on her bike 10 times (no exaggeration) a day. Every now and then I also take family members through my backyard. Because of her, my cat walks in the front of the street and doesn't look anywhere. We have no problem at all with her coming across the path twice a day with her bike to come to the front and to put the bike back at the back in the evening. But for every ride/little wash she comes through our backyard. Our patio door curtains are closed all day because she comes across the path so much. We no longer have any privacy at all this way. Our question is, is she allowed to do this?

Lawyer

If no easements have been established, this is not allowed.