My front garden /drive - neighbour is dumping

Lmeola

Hi,

Wondering if anyone has any advice for me. I recently bought a lower ground flat and I am the sole owner of the front garden /drive. The upper flat has access to my front garden / drive to her flat via a side entrance.

She keeps her bins on my drive ( firstly is she aloud?)
Secondly she is dumping house hold waste on the drive, a current example is a car bumper.

Do i have rights? Can i tell her to move it? I've repeatedly asked and she keeps saying she will but has'not done. I want her to get rid of the car bumper that is sitting on my drive.

Please help.

moneyistooshorttomention

You're the owner of that land = end of.

Unless she has it down somewhere in writing that she is allowed to do this (ie down on your Title Plan etc) then she has no right to do so.

Move it back to her territory.

m0bov

Check your lease before you do anything. If there is access only, I suggest knocking on her door and ask her to remove the bumper and bins otherwise you will contact the council and report it as fly tipping which carries a huge fine. Where did the bumper come from do you knock? You can also tell her you will also inform the management company who may bill her if they arrange clearance.

Lmeola

I am 99% sure it is access only. I dont mind her putting her bins on the drive next to ours, I mean (although not my problem) where else would her bins go? She's got a couple of cars on the street that she rents out for hire - I guess from there? I've asked her 4/5 times an each time she has said she will put it in her car and take it to the tip buit this was 10 days ago now. I believe she owns the flat, so the suggestion for the management company wont apply.

HELP!

Lmeola

just read my lease and it states:
the right for the owner or occupier of the other flat (upstairs) to pass and repass only along the pathway and entrance lobby for the purpose of access to and egress from the staircase leading to the upper flat subject to payment of a fair proportion of the expense of maintaining and keeping the same in repair.

m0bov

Well, doe she have planning permission for the business? I suggest you:-

Call Enviro Health and report the fly tipping
Call Planning Dept and ask if she has planning permission to run the business from home as its causing a nuisance.
Contact your management agents and make them aware of the issues.

Let us know what they said.

m0bov

Edit Also ask her to remove the bins.

molerat

Who is the freeholder ? Who arranges building repairs, who do you pay your service charge etc to - the management co ?

Lmeola

I don't mind her having her bins there like I mentioned before where else would she put them? It's just about being considerate and clearly she isnt that sort of person.

I just want to clarify with my solicitor before I start taking this much further.

Thank you.

m0bov

Lmeola wrote: »

I just want to clarify with my solicitor before I start taking this much further.

Thank you.

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

marksoton

Lmeola wrote: »

I don't mind her having her bins there like I mentioned before where else would she put them? It's just about being considerate and clearly she isnt that sort of person.

I just want to clarify with my solicitor before I start taking this much further.

Thank you.

You're going to a solicitor for this?!

If you've got that much money to burn i'll have a few hundred...