Boundary dispute around bins and placement

iamrperry

Hi

I recently purchased a property that shares a boundary with flats next door. There is around 8, and the freeholder owns these as well as the road leading to the property behind ours (through road). There is also a foot path that runs along the rear of the property that leads to this road and is gated. 

The flats have around 6 large Grundon bins for all waste that are pushed on to our boundary fence both at the side and rear of our property, with a sign nailed to our fence saying “Bins for Flats only”. The bins also obscure the throughway to the path at the rear. They have caused damage to our fence, with rubbish occasionally ending up in our garden. 

What is our position here? My initial thought would be to just move the bins to their side, but at the same time don’t want to start some big issue with the freeholder or leaseholders of the flats. 

DE_612183

A diagram or photo would help, you say the boundary is shared - but then also talk about "our" boundary fence?

Do you mean that the boundary fence is maintained by you as per the deeds?

iamrperry

DE_612183 said:

A diagram or photo would help, you say the boundary is shared - but then also talk about "our" boundary fence?

Do you mean that the boundary fence is maintained by you as per the deeds?

Excuse my drawings

Bkue is my boundary, which is fence. Red is owned by the freeholder. Red shaded is freeholder owned, leased flats. Orange is where their bins are. Road goes under the flat adjoining our property, but is privately owned.

the alley, and gate, run along the back of all the properties but access is obscured by those bins. 

BarelySentientAI

If the fence is 100% yours, then carefully take off the notice and leave it on the freeholder's property.

You can't control where they happen to keep their bins though.  There will be a right of access to the footpath, so no permanent structure could block it, but there isn't something like that in your description.

iamrperry

BarelySentientAI said:

If the fence is 100% yours, then carefully take off the notice and leave it on the freeholder's property.

You can't control where they happen to keep their bins though.  There will be a right of access to the footpath, so no permanent structure could block it, but there isn't something like that in your description.

Thank you for that.

and what if the bins are causing damage to the fence at all?

pinkshoes

iamrperry said:

BarelySentientAI said:

If the fence is 100% yours, then carefully take off the notice and leave it on the freeholder's property.

You can't control where they happen to keep their bins though.  There will be a right of access to the footpath, so no permanent structure could block it, but there isn't something like that in your description.

Thank you for that.

and what if the bins are causing damage to the fence at all?

Do the bins not have wheel locks to stop them being pushed back?

Could you put something behind the bins to stop them moving further back into the fence?

Exodi

You say:

iamrperry said:

don’t want to start some big issue with the freeholder or leaseholders of the flats. 

But then seem laser focused on dictating where on the freeholders land the freeholder can put their bins.

At a guess, you have maybe 15 metres of fence. So they've put a nail through one slat of your fence to hang a sign and maybe the bins have made the side you can't see a bit grotty, can you tell any of this from your side of the fence? I mean take the sign down if it bothers you that much, but this sort of thing (with your idea to move their bins) sounds like the making of episode of neighbour wars. You've only just moved in.

Presumably the bins were there when you viewed?

propertyrental

If the pbins are being pushed against your fence and causing damage, you could take action against whoever is responsble....

MeteredOut

propertyrental said:

If the pbins are being pushed against your fence and causing damage, you could take action against whoever is responsble....

Bins don't damage fences, people do.

theartfullodger

Do bins belong to council not freeholder nor leaseholders?

BlueVeranda

pinkshoes said:

Could you put something behind the bins to stop them moving further back into the fence?

That something would probably have to go on the freeholder's land though?

If the freeholder seems approachable, it could be worth OP asking nicely for that to happen.