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    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 9:10 AM
    • 37Posts
    • 112Thanks
    HarryMonkee
    Neighbour using my garden as storage
    • #1
    • 21st Apr 17, 9:10 AM
    Neighbour using my garden as storage 21st Apr 17 at 9:10 AM
    Could I apologise in advance if this is in the wrong category but I don't use forums much.
    I wonder if someone can offer me a legal answer to my question. If a neighbour chains and padlocks something in my garden and to my fence am I legally allowed to remove such item even if it results in damage to the chain or padlock?
    When people ask stupid questions, I feel obliged to give sarcastic answers.
Page 1
    • Annie1960
    • By Annie1960 21st Apr 17, 9:41 AM
    • 2,667 Posts
    • 1,491 Thanks
    Annie1960
    • #2
    • 21st Apr 17, 9:41 AM
    • #2
    • 21st Apr 17, 9:41 AM
    How does the neighbour get access into your garden? You could lock all entrances so they cannot get in again.

    I don't think you are allowed to damage their property, even if it is in your garden.

    Tell them in writing that they should collect their items within 14 days, or you will have them removed by a licensed waste disposal company and will bill them for the cost.

    Alternatively, if you have legal cover with your house insurance, give them a ring and ask.

    If you don't have legal cover with your house insurance, become a Co-op member (cost £1) and you can use their legal helpline.
    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 9:57 AM
    • 37 Posts
    • 112 Thanks
    HarryMonkee
    • #3
    • 21st Apr 17, 9:57 AM
    • #3
    • 21st Apr 17, 9:57 AM
    Thank you Annie for advice offered. It is the front garden and we have been down every avenue numerous times hence their use of the chain and padlock.
    When people ask stupid questions, I feel obliged to give sarcastic answers.
    • Annie1960
    • By Annie1960 21st Apr 17, 10:06 AM
    • 2,667 Posts
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    Annie1960
    • #4
    • 21st Apr 17, 10:06 AM
    • #4
    • 21st Apr 17, 10:06 AM
    So why are they using your garden for storage? It's intriguing ...
    • Browntoa
    • By Browntoa 21st Apr 17, 10:10 AM
    • 31,536 Posts
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    Browntoa
    • #5
    • 21st Apr 17, 10:10 AM
    • #5
    • 21st Apr 17, 10:10 AM
    cut the lock off , replace with equivalent type of lock so no "loss" of their property
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    • missile
    • By missile 21st Apr 17, 10:26 AM
    • 8,768 Posts
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    missile
    • #6
    • 21st Apr 17, 10:26 AM
    • #6
    • 21st Apr 17, 10:26 AM
    Possibly a bicycle and they don't have a garden of their own?

    I would cut the lock off and leave it at their door.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • mishkanorman
    • By mishkanorman 21st Apr 17, 10:28 AM
    • 4,012 Posts
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    mishkanorman
    • #7
    • 21st Apr 17, 10:28 AM
    • #7
    • 21st Apr 17, 10:28 AM
    You run the risk of starting a very expensive legal dispute, its a civil matter so you'll need legal advice and that can be expensive,

    However the same applies for them !

    Do you NEED to do something ? is it an argument worth having or will you end up with further hassle ?
    Bow Ties ARE cool


    "Just because you are offended, doesnt mean you are right" Ricky Gervais
    • pogofish
    • By pogofish 21st Apr 17, 10:51 AM
    • 7,382 Posts
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    pogofish
    • #8
    • 21st Apr 17, 10:51 AM
    • #8
    • 21st Apr 17, 10:51 AM
    If they don't have your permission to store anything there, tell them to remove it forthwith!

    Or negotiate a practical compromise. I let my neighbour have some stuff in my garden and put some stuff in my greenhouse at times in the growing season but that's a mutual thing as we co-operate/share on aspects of gardening in a way that helps us both-out and I reckon I get the better part of the deal as he's an expert/champion/ex-professional horticulturist and I'm a rank amateur who just likes a nice garden and and a bit of fresh veg for the kitchen.
    • stator
    • By stator 21st Apr 17, 11:11 AM
    • 5,732 Posts
    • 3,710 Thanks
    stator
    • #9
    • 21st Apr 17, 11:11 AM
    • #9
    • 21st Apr 17, 11:11 AM
    Write one final letter. Pointing out that if he doesn't stop you will sue for tresspass. Find some template letters on google.

    If he doesn't, take him to small claims court. You don't have to claim much money.

    Other option is to amend your fence so that it is no longer a secure place to lock things to.

    I wouldn't damage the locks or chain. You could be responsible for the damage or any loses if the item is stolen
    Changing the world, one sarcastic comment at a time.
    • always_sunny
    • By always_sunny 21st Apr 17, 11:32 AM
    • 3,359 Posts
    • 3,589 Thanks
    always_sunny
    what are they storing? Are they chaining their bike to your front garden railing?
    I don't think you can change the lock and/or damage their property.

    Before you do anything hasty, what is the inconvenience to you?
    If they're long term neighbours, is it worth souring the relationship?
    Expat with an EU passport
    • Annie1960
    • By Annie1960 21st Apr 17, 12:15 PM
    • 2,667 Posts
    • 1,491 Thanks
    Annie1960
    If he doesn't, take him to small claims court. You don't have to claim much money.
    Originally posted by stator
    Interesting idea, but the OP would need to be able to prove his damages, and I can't see how these can be calculated.

    An alternative would be for the OP to make a charge for storage, but the neighbour would need to agree to this.
    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 12:45 PM
    • 37 Posts
    • 112 Thanks
    HarryMonkee
    We had a long term agreement with previous neighbour to store their bins at the side in my front garden as it was easiest access onto lane for collection. We kept agreement with new neighbour but they just toss all their bags over the fence and put them in bins on collection day. We live in the country with lots of wildlife and I have pets and young children.
    Asking nicely and writing letters achieved nothing. Throwing the bins and his rubbish back into his garden seemed to work, for about 2 months, then the chain appeared. I was just curious as to my legal standing.
    When people ask stupid questions, I feel obliged to give sarcastic answers.
    • Annie1960
    • By Annie1960 21st Apr 17, 12:48 PM
    • 2,667 Posts
    • 1,491 Thanks
    Annie1960
    We had a long term agreement with previous neighbour to store their bins at the side in my front garden as it was easiest access onto lane for collection. We kept agreement with new neighbour but they just toss all their bags over the fence and put them in bins on collection day. We live in the country with lots of wildlife and I have pets and young children.
    Asking nicely and writing letters achieved nothing. Throwing the bins and his rubbish back into his garden seemed to work, for about 2 months, then the chain appeared. I was just curious as to my legal standing.
    Originally posted by HarryMonkee
    A restraining order may be something to look at. Get legal advice.
    • culpepper
    • By culpepper 21st Apr 17, 1:07 PM
    • 3,845 Posts
    • 6,957 Thanks
    culpepper
    Could you put something of your own there instead? Presumably he has to unlock them on rubbish collection day so if you have something ready, when the bins are moved, you can just put your 'items' in the vacated area that belongs to your house. You could have a kids playhouse or lidded compost bins or a little shed ultimately but just as a place holder, a tarpaulin and some boxes would be quick to install.
    • Davesnave
    • By Davesnave 21st Apr 17, 2:11 PM
    • 22,932 Posts
    • 88,096 Thanks
    Davesnave
    I think they are fly tipping and there are penalties for that.

    Send them a 'cease and desist' letter via your solicitor and then let them take the consequences if they don't.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • stator
    • By stator 21st Apr 17, 2:12 PM
    • 5,732 Posts
    • 3,710 Thanks
    stator
    An alternative would be for the OP to make a charge for storage, but the neighbour would need to agree to this.
    Originally posted by Annie1960
    I don't think you do. I think if you can prove tresspass you may be able to claim something like £250 for the 'insult' but I am not sure on the technicalities.

    If you gave permission for the bins to be there then that changes things. Best thing is to write a formal letter withdrawing permission for the bins to be there. Then take appropriate measures.
    Changing the world, one sarcastic comment at a time.
    • rach_k
    • By rach_k 21st Apr 17, 2:31 PM
    • 973 Posts
    • 1,676 Thanks
    rach_k
    Presumably they're only chaining the bins so why not leave them (it's only an inconvenience to them, as they will have to unchain them every time they put them out, and it will show that you are being reasonable by keeping to the old arrangement) but put their bin bags back in their garden. I assume they're not chaining those!
    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 2:41 PM
    • 37 Posts
    • 112 Thanks
    HarryMonkee
    Thanks again for the replies. We are detached properties (thankfully) and the area is a sizeable one so impossible to put something in its place.
    We have gone through the 'if you litter we will withdraw the agreement' to outright giving them notice of termination of agreement letters.
    We are going down the path of replacing the fences and planting shrubbery around there but its a costly fix so will take a little time.
    When people ask stupid questions, I feel obliged to give sarcastic answers.
    • HarryMonkee
    • By HarryMonkee 21st Apr 17, 2:44 PM
    • 37 Posts
    • 112 Thanks
    HarryMonkee
    Presumably they're only chaining the bins so why not leave them (it's only an inconvenience to them, as they will have to unchain them every time they put them out, and it will show that you are being reasonable by keeping to the old arrangement) but put their bin bags back in their garden. I assume they're not chaining those!
    Originally posted by rach_k
    I am in a wheelchair due to a car accident. He is using this to his advantage to try to intimidate me. As above reply, we tried to keep the agreement as long as possible but their behaviour didn't change.
    When people ask stupid questions, I feel obliged to give sarcastic answers.
    • missile
    • By missile 21st Apr 17, 2:44 PM
    • 8,768 Posts
    • 4,232 Thanks
    missile
    Neighbour is taking the p... It is possible to secure your garden to prevent their access?
    Last edited by missile; 21-04-2017 at 3:55 PM.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
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