My front garden /drive - neighbour is dumping

Lmeola

freeholder is neither of us, we do not pay service charges.

Lmeola

LOOOL - we've just bought the property like 2 weeks ago - was going to ask her for advice LOL.

booksurr

you have been given the answer, although it appears you don't really understand what it means to live in a leasehold flat

she, like you, has a lease,
a lease allows you to live in the flat for the period of the lease in accordance with the conditions set out in that lease. You do not own the flat, nor does she own "her" flat, the freeholder owns the property.

In such circumstances the freeholder may, or may not, have a management company that undertakes work which needs doing but is the responsibility of the leaseholder to do. Hence the leaseholder can be charged for it, such as clearing rubbish.

You need to check who is the freeholder and contact them if necessary to sort out the dumping of rubbish on land she has no right to use.

However, it is possible that you and the flat above are actually both the leaseholder and have a share of the freehold between you both, so any disputes over what she does is down to you to agree between you since there is no one else to turn to. In that case if you and her cannot agree, then you will need to take legal action against her for breach of whatever condition restricts her use of the garden/driveway

I take it that you do not like her and are happy to create ill feeling for the remainder of the time you both live there?

moneyistooshorttomention

I dont tend to rate the idea of reporting her to the Council for flytipping - that might rebound on OP as its OP drive and I cant really see how one could report flytipping on one's own property.

Personally - I would be removing her stuff every time its on my property (as she clearly is too lazy/selfish/etc to do so). This would happen each and every time she tried to use MY land to put HER possessions on.

You've found out the position - and that is that all she is entitled to do is to "pass and repass". Sounds like a Right of Way situation - and people are not allowed to park or remain standing on a ROW - but just to "pass and repass". So - she cant leave her dustbin standing there. She cant leave anything else standing there.

If you find her stuff creeps back onto your land - despite having moved it yourself several times - then give her a suitable typed letter (copy kept) stating words to effect of "I note you are still continuing to place your property on my land. My paperwork only states you have the right to "pass and repass" and not to do anything else. I have removed your property myself on the following dates, ie 1 Sept, 5 Sept, 8 Sept, etc. Please do not put your property on my land again."

That way - at the least you've made it plain to her she doesnt have your permission to do so.

Personally - I would be regarding it as her problem as to where she is to place her dustbin. She knew, at the time she acquired her property, what the situation was re room for her dustbin (ie that she wouldnt be able to have one - from what you say). It's up to her to make alternative arrangements for herself in that respect. It seems to me that whilst you allow her to keep her dustbin on your property she is taking it as carte blanche to keep any of her possessions she pleases on your land. Hence - I would be stopping this in your position.

upoiupou

I wouldn't go reporting her for this or that. I wouldn't even put something in writing at this point. It sounds like it's only been a couple of weeks so far? You have to live close to each other and it's worth avoiding bad feeling as much as possible, especially since she's demonstrating that she is inconsiderate and doesn't care much about it.

I would keep this as polite as possible, just be insistent that she needs to clear her waste from your drive and stop leaving things there (apart from the bins). I'm surprised that the right for her to put a bin there isn't in the lease, but apparently not.

When you talk to her, I suggest you don't try to justify or explain why you don't want her stuff on your drive. That would only give her the opportunity to justify herself or reason against you. (I've learn this from experience.) Simply say you don't want anything there and keep asking her not to put anything there. If you stay firm, polite and clear, and repeat the request on a daily basis, hopefully she'll decide to stop.

Regarding anything currently there, if she promises to put it in her car and take it to the tip, ask her to put it in the car straight away. (She must surely have a few bin liners or something she can wrap it up in.)

You do need to get clear about how your freehold/lease arrangements work. Surely your solicitor covered this with you during the purchase? Perhaps go back to their report and reread it.

Mossfarr

If the rubbish isn't too heavy I would move it myself and dump it on top of her car. She'd soon get the message!

Davesnave

moneyistooshorttomention wrote: »

I dont tend to rate the idea of reporting her to the Council for flytipping - that might rebound on OP as its OP drive and I cant really see how one could report flytipping on one's own property.

It's perfectly possible to report it, but to the police, if it's regular and serious.

This isn't.

xylophone

If your neighbour has a side entrance, why can she not leave her bin there?

You can move the bumper to her side entrance?