Neighbour permanently leaves the bins at my house boundary

Neighbour permanently leaves the bins at my house boundary

Postby pasta26 » Wed Jun 24, 2015 11:41 pm

Dear all,

i just bought a house and just moved in 2 months ago.
i faced below issue with my neighbor and tried to talk to my neighbor nicely just now.
But she shut the door, refuse to talk to me.

[issue explained in next post]
Last edited by pasta26 on Wed Jun 24, 2015 11:42 pm, edited 1 time in total.
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Wed Jun 24, 2015 11:41 pm

Issue:
1. The neighbour permanently leaves the dustbin (blue and green) at my house boundary (red border is my house title plan from the land registry), blocking the walkway access.
2. We would like to request the neighbour not to leave the bins at the access walkway and block the walkway.
3. The neighbour claimed the walkway is shared walkway. The walkway belongs to her also, she can leave her bin there and she has been putting the bins there for years without a problem.
4. As what written in the house contract, we agree the neighbour has right of access to rear for purpose of taking dustbins out, and have no problem for her to take the dustbin out with the walkway.
5. But we are not happy because she left the bins there permanently, without taking back to her house, blocking the walkway access. Because we need the walkway access and take the bin out also.
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Wed Jun 24, 2015 11:41 pm

hope fellow forumer here could advise what should i do?
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Wed Jun 24, 2015 11:42 pm

Image
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Re: Neighbour permanently leaves the bins at my house bounda

Postby arsie » Thu Jun 25, 2015 1:52 am

Does anyone else share your walkway for access? For example number 28? Can you confirm what number 29 is claiming, for example by asking number 28 how long number 29 has been doing this?

What does the local council say about leaving bins in the street all week? Ours does not allow. The rule ('put your bins out at 7am on the day of collection') is on the council web site. Is yours?

If something obstructs your legitimate access to the walkway you may move it away. I would put the neighbour's bins on the pavement right next to the walkway. How wide is it?

Depending on your answers I may make some more/different suggestions about what to do.
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Re: Neighbour permanently leaves the bins at my house bounda

Postby MacadamB53 » Thu Jun 25, 2015 8:16 am

Hi pasta,

it is perfectly clear from the title plan that the land set out as a passageway is part of your property.
you mention a 'contract' which recognises next door comes with a right to be accessed via the passageway - I assume you are referring to some wording in your title register entries (often called 'title deeds').

next door has no right to store anything on your land UNLESS they have acquired a right:

1. through long use (+20 years) without permission, without force and without secrecy
AND
2. the use has been consistent - bins placed in same spot every time

so you need to establish when this all started and if it's less than 20 years I would inform the neighbour she needs to move them off my land or else I'll move them (onto the footpath, not onto her land).

Kind regards, Mac
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Re: Neighbour permanently leaves the bins at my house bounda

Postby FrTed » Thu Jun 25, 2015 8:37 am

The exact wording of your deed / title document would be helpful here but I imagine it is something along the lines of a right to pass and re-pass but not wait on / obstruct the passageway.
I would move the bins myself, out onto the footpath. In fact for extra mischief I would move them late at night a few streets away, but that is me and not advice I would recommend to anyone else.
"No Dougal, these cows are SMALL, those cows are FAR AWAY"
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Re: Neighbour permanently leaves the bins at my house bounda

Postby Collaborate » Thu Jun 25, 2015 9:40 am

You could try putting up a sign, such as "Please leave passageway clear at all times."

Or you could return their bins to their garden. They'll soon stop it when they find their bins don't get emptied.
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Re: Neighbour permanently leaves the bins at my house bounda

Postby arborlad » Thu Jun 25, 2015 10:13 am

pasta26 wrote:Issue:
1. The neighbour permanently leaves the dustbin (blue and green) at my house boundary (red border is my house title plan from the land registry), blocking the walkway access.



Aside from the issue of blocking the access, that seems a strange way to use them - quite a distance to walk every time they want to place something in them.

Where do you store your bins?
arborlad

smile...it confuses people
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Thu Jun 25, 2015 11:41 pm

arsie wrote:Does anyone else share your walkway for access? For example number 28? Can you confirm what number 29 is claiming, for example by asking number 28 how long number 29 has been doing this?

What does the local council say about leaving bins in the street all week? Ours does not allow. The rule ('put your bins out at 7am on the day of collection') is on the council web site. Is yours?

If something obstructs your legitimate access to the walkway you may move it away. I would put the neighbour's bins on the pavement right next to the walkway. How wide is it?

Depending on your answers I may make some more/different suggestions about what to do.


i am a bit confuse with your question.
my house house is 29
my neighbour house is 28
the neighbour claimed they has been doing that for last 10 years.

yes, the bins could only be left on the street on the bin day. that's why the neighbour put the bins on the walkway after the bin day. please see photo below which i took this morning.

the walkway is approximately 100cm wide, i cannot take my bin out with their bins blocking.

Image
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Thu Jun 25, 2015 11:49 pm

MacadamB53 wrote:Hi pasta,

it is perfectly clear from the title plan that the land set out as a passageway is part of your property.
you mention a 'contract' which recognises next door comes with a right to be accessed via the passageway - I assume you are referring to some wording in your title register entries (often called 'title deeds').

next door has no right to store anything on your land UNLESS they have acquired a right:

1. through long use (+20 years) without permission, without force and without secrecy
AND
2. the use has been consistent - bins placed in same spot every time

so you need to establish when this all started and if it's less than 20 years I would inform the neighbour she needs to move them off my land or else I'll move them (onto the footpath, not onto her land).

Kind regards, Mac


it was my lawyer explaining to me that the neighbour house 28 has a right of access to take their bins out on the bin day.

i have no problem with that.
but the point is, the neighbour has the right of access - take bins out on the bin day.
the neighbour has no right of storing - leaving the bin there blocking my access to my property.

during yesterday conversation, the neighbour claim they has been doing that for last 10 years.
:) luckily they didnt claim it is >20 years..

for me, it is totally unacceptable that my neighbour leave her dustbins in my house boundary.
i will have a small bbq party with my family next weekend. rather than my family go through my house, they can straight access to my rear garden with that walkway. it is a pain to have the neighbour's bins blocking the way.
Last edited by pasta26 on Fri Jun 26, 2015 12:04 am, edited 1 time in total.
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Fri Jun 26, 2015 12:01 am

arborlad wrote:
pasta26 wrote:Issue:
1. The neighbour permanently leaves the dustbin (blue and green) at my house boundary (red border is my house title plan from the land registry), blocking the walkway access.



Aside from the issue of blocking the access, that seems a strange way to use them - quite a distance to walk every time they want to place something in them.

Where do you store your bins?


my bin is at my rear garden
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Re: Neighbour permanently leaves the bins at my house bounda

Postby MacadamB53 » Fri Jun 26, 2015 12:04 am

Hi pasta,

not sure whether that was a 'thank you' for the info I gave, or whether you need more?

Kind regards, Mac
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Re: Neighbour permanently leaves the bins at my house bounda

Postby pasta26 » Fri Jun 26, 2015 12:29 am

MacadamB53 wrote:Hi pasta,

not sure whether that was a 'thank you' for the info I gave, or whether you need more?

Kind regards, Mac


thank you, at least i am sure the walkway is belong to me, and not acquired by the neighbour.
but the bins are still at the walkway.
any suggestion to get my neighbour remove the bins is very appreciated.
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Re: Neighbour permanently leaves the bins at my house bounda

Postby despair » Fri Jun 26, 2015 9:12 am

If the neighbour refuses to listen to the Legal Facts that she is not allowed to leave anything at all on the ROW /walkway then keep moving the bins back to her garden until she gets the message loud and clear
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