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Shared access ... neighbours bins

I have a mid terrace house. Part of the way up the back garden is a path that runs across the garden giving neighbours access to their back gardens.

On the house side of this path, running along side the path, is a hedge. On the garden side of the path, again running along side the path, is a fence I erected some years ago. There is nothing blocking neighbours access. There is a gate in both the hedge and the fence.

Recently my neighbour strimmed the side of the path. I had some alpine strawberries growing in the 6 inch strip of soil that is between the concrete path and the fence.

They have erected a fence between my garden and theirs, with a gate across the path. This does not block my access to the street, which is in the other direction. However, they have now taken to putting their bins on the path on my side of the fence, partially over the strawberries they strimmed. Their bins do not block the path [which also leads through their garden to one further garden], however they do partially obstruct it.

I assume that they have right of access along that path - not got a problem with that.

However, I do not believer that they have any right to cut plants that were not causing any obstruction to their right of access. Equally I do not believe they have a right to put their bins on the path that I believe lies within my garden.

Before I have a polite word with them I just need to clarify that they do not have the right to put their bins there, even though I have effectively separated the path from the rest of the property ... it is still my property I believe.

Comments

  • The info you seek on their rights over your property will be on both your and their title deeds, which you can download for a small fee from the Land Registry. Try the Property bit of the forum for more experts who can advise further.
  • drdog_2
    drdog_2 Posts: 62 Forumite
    Unless I am mistaken, they have assumed the right to put their bins there. No previous owner has. Of course that may mean no previous owner has read the deeds and discovered that right, but I strongly doubt it exists - I suspect it would be quite exceptional if it did
  • drdog_2
    drdog_2 Posts: 62 Forumite
    PS where is the Property bit in the forum - I tried to find it before posting here
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    drdog wrote: »
    PS where is the Property bit in the forum - I tried to find it before posting here

    http://forums.moneysavingexpert.com/forumdisplay.php?f=16
  • mttylad
    mttylad Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Advise them that while they may have a right to pass and repass over your property it does not extent to any right or permission to keep their bins on your property.

    Then when leaving, put their bins on their side of the fence.
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