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  • FIRST POST
    • mik67
    • By mik67 5th Feb 18, 8:54 PM
    • 34Posts
    • 13Thanks
    mik67
    Obstruction
    • #1
    • 5th Feb 18, 8:54 PM
    Obstruction 5th Feb 18 at 8:54 PM
    Got a problem neighbour, seems to be going out of his way to wind is up. His latest trick is chaining bins to railings blocking communal path. Am I within my rights to cut chain to regain unrestricted access.
Page 1
    • HampshireH
    • By HampshireH 5th Feb 18, 9:03 PM
    • 640 Posts
    • 647 Thanks
    HampshireH
    • #2
    • 5th Feb 18, 9:03 PM
    • #2
    • 5th Feb 18, 9:03 PM
    What have you done to upset him?

    Who owns the path/railings?
    • mik67
    • By mik67 5th Feb 18, 9:10 PM
    • 34 Posts
    • 13 Thanks
    mik67
    • #3
    • 5th Feb 18, 9:10 PM
    • #3
    • 5th Feb 18, 9:10 PM
    Paths jointly owned as are railings, he's just arrogant and thinks he can do what he wants. It's just latest in long line of problems, parking, noise and general harassment.
    • Novice investor101
    • By Novice investor101 5th Feb 18, 10:08 PM
    • 131 Posts
    • 69 Thanks
    Novice investor101
    • #4
    • 5th Feb 18, 10:08 PM
    • #4
    • 5th Feb 18, 10:08 PM
    I had a friend who lived next to an arrogant neighbour who kept leaving his bins chained to the outside railing of his flats, blocking access & smelling the small alleyway out.
    Someone in the flats must have got fed up of it as the wheels kept being snapped off the bins & eventually the bins were back living in their own garden. The owner must have gotten fed up of replacing them every week...
    • Davesnave
    • By Davesnave 6th Feb 18, 3:42 AM
    • 25,027 Posts
    • 92,544 Thanks
    Davesnave
    • #5
    • 6th Feb 18, 3:42 AM
    • #5
    • 6th Feb 18, 3:42 AM
    Got a problem neighbour, seems to be going out of his way to wind is up. His latest trick is chaining bins to railings blocking communal path. Am I within my rights to cut chain to regain unrestricted access.
    Originally posted by mik67
    If the path is part of a route for egress in the event of fire, then the Fire Brigade might be pleased to unblock it for you, but nothing gives an individual the 'right' to commit criminal damage.
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • mik67
    • By mik67 6th Feb 18, 6:19 AM
    • 34 Posts
    • 13 Thanks
    mik67
    • #6
    • 6th Feb 18, 6:19 AM
    • #6
    • 6th Feb 18, 6:19 AM
    Thanks Davesnave, heard back from antisocial, this I'll need to go down lawyer route. For now every time I want to get through I'll just go to his door and ask him to move them.
    He'll soon get fed up especially as he does nightshift.
    • Comms69
    • By Comms69 6th Feb 18, 9:53 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    • #7
    • 6th Feb 18, 9:53 AM
    • #7
    • 6th Feb 18, 9:53 AM
    Got a problem neighbour, seems to be going out of his way to wind is up. His latest trick is chaining bins to railings blocking communal path. Am I within my rights to cut chain to regain unrestricted access.
    Originally posted by mik67

    No. not your chains - criminal damage, go to jail, do not pass go, do not collect £200.


    No different to if your car was inconveniencing me so I put a brick through the window.
    • Comms69
    • By Comms69 6th Feb 18, 9:54 AM
    • 2,970 Posts
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    Comms69
    • #8
    • 6th Feb 18, 9:54 AM
    • #8
    • 6th Feb 18, 9:54 AM
    Thanks Davesnave, heard back from antisocial, this I'll need to go down lawyer route. For now every time I want to get through I'll just go to his door and ask him to move them.
    He'll soon get fed up especially as he does nightshift.
    Originally posted by mik67

    Careful, bordering on harassment
    • Slinky
    • By Slinky 6th Feb 18, 10:06 AM
    • 5,192 Posts
    • 23,980 Thanks
    Slinky
    • #9
    • 6th Feb 18, 10:06 AM
    • #9
    • 6th Feb 18, 10:06 AM
    Careful, bordering on harassment
    Originally posted by Comms69
    How can wishing to pass down your jointly owned path, which is being obstructed be harassment? Unless it's multiple times in quick succession, but if the OP is going about his/her ordinary daily basis where's the problem in asking the neighbour to move the bins?
    • Comms69
    • By Comms69 6th Feb 18, 10:13 AM
    • 2,970 Posts
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    Comms69
    How can wishing to pass down your jointly owned path, which is being obstructed be harassment? Unless it's multiple times in quick succession, but if the OP is going about his/her ordinary daily basis where's the problem in asking the neighbour to move the bins?
    Originally posted by Slinky
    If I tell you not to knock on my door, and you continue to, then you are committing an offence.
    • moneyistooshorttomention
    • By moneyistooshorttomention 6th Feb 18, 10:48 AM
    • 15,598 Posts
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    moneyistooshorttomention
    If I tell you not to knock on my door, and you continue to, then you are committing an offence.
    Originally posted by Comms69
    But it would very quickly come out who "started it" - ie the antisocial bin-owning neighbour.

    Do you have any constructive suggestions as to how OP can deal with this person?
    Like Frankie said - I did it my way.
    It's MY life......
    • Fosterdog
    • By Fosterdog 6th Feb 18, 10:52 AM
    • 3,806 Posts
    • 6,580 Thanks
    Fosterdog
    If I tell you not to knock on my door, and you continue to, then you are committing an offence.
    Originally posted by Comms69
    Yes but to get anything done about it would require a judge, and I doubt any judge would agree that it is harassment when there are reasonable grounds for needing to knock the door to gain access to your own property which is being deliberately blocked. A judge would simply say, move the bins and the door knocking stops, by keeping the bins you are facilitating their need to knock the door.

    OP as an alternative to cutting the chains which would be criminal damage, there's nothing stopping you from adding your own chains to his bins, which would prevent them from being emptied, again he couldn't cut your chains without it also being criminal damage to your property and is likely to annoy him but it would be the petty approach.
    • Comms69
    • By Comms69 6th Feb 18, 10:59 AM
    • 2,970 Posts
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    Comms69
    But it would very quickly come out who "started it" - ie the antisocial bin-owning neighbour.

    Do you have any constructive suggestions as to how OP can deal with this person?
    Originally posted by moneyistooshorttomention


    Irrelevant who started it. - personally I think it's useful for people to know where they are in regards the law, silly me.




    That aside - try tea and cake?
    • Comms69
    • By Comms69 6th Feb 18, 11:02 AM
    • 2,970 Posts
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    Comms69
    Yes but to get anything done about it would require a judge, and I doubt any judge would agree that it is harassment when there are reasonable grounds for needing to knock the door to gain access to your own property which is being deliberately blocked. A judge would simply say, move the bins and the door knocking stops, by keeping the bins you are facilitating their need to knock the door. - That is not how the law works. This would be a criminal matter, prosecuted by the CPS where the OP would not be involved. (it was also hypothetical)

    OP as an alternative to cutting the chains which would be criminal damage, there's nothing stopping you from adding your own chains to his bins, which would prevent them from being emptied, again he couldn't cut your chains without it also being criminal damage to your property and is likely to annoy him but it would be the petty approach.
    Originally posted by Fosterdog


    My point was the OP know the neighbour works nights and is deliberately disturbing him.


    I doubt it would get to that stage, but then again the police seem to investigate facebook comments these days so....
    • Mr.Generous
    • By Mr.Generous 6th Feb 18, 11:03 AM
    • 1,764 Posts
    • 2,655 Thanks
    Mr.Generous
    I had a friend who had a neighbor who liked to keep his bins right up against my friends house, in the way and banging the lid every time he used them etc. Usual route of polite requests got nowhere, then suggestions re fire safety (re-cycling bin full of card and paper right against his house) still no joy.

    Would you believe that just after his black bin was emptied some passing kids must have seen it pushed against my friends wall and stole it. Takes about a month to get a replacement. Neighbor used a big "U" shackle lock though the handles after that.

    Lo and behold about 2 weeks later some passing youths must have had a saw with them because someone cut the plastic handle on the bin, thus rendering the "U" lock useless and stole his recycling bin on the day it had been emptied. Obviously an inconvenience again sorting a new bin, and would you believe, he still didn't move them. Then the youths must have wanted a green bin because that went too.

    His remaining bin was moved to behind his own gates while still waiting for a green and blue replacement.

    Out of interest my friend says a jigsaw will chop up a wheely bin in about 5 minutes so it fits in your boot and can be dropped off at the local recycling center should you ever have one to get rid of.
    • bouicca21
    • By bouicca21 6th Feb 18, 11:05 AM
    • 3,617 Posts
    • 5,401 Thanks
    bouicca21
    I wonder if it works both ways? Perhaps deliberately blocking an individual's access on a regular basis is harassment? Though tbh I can't see that either amounts to causing alarm and distress.
    • LandyAndy
    • By LandyAndy 6th Feb 18, 11:06 AM
    • 24,261 Posts
    • 51,244 Thanks
    LandyAndy
    I had a friend who had a neighbor who liked to keep his bins right up against my friends house, in the way and banging the lid every time he used them etc. Usual route of polite requests got nowhere, then suggestions re fire safety (re-cycling bin full of card and paper right against his house) still no joy.

    Would you believe that just after his black bin was emptied some passing kids must have seen it pushed against my friends wall and stole it. Takes about a month to get a replacement. Neighbor used a big "U" shackle lock though the handles after that.

    Lo and behold about 2 weeks later some passing youths must have had a saw with them because someone cut the plastic handle on the bin, thus rendering the "U" lock useless and stole his recycling bin on the day it had been emptied. Obviously an inconvenience again sorting a new bin, and would you believe, he still didn't move them. Then the youths must have wanted a green bin because that went too.

    His remaining bin was moved to behind his own gates while still waiting for a green and blue replacement.

    Out of interest my friend says a jigsaw will chop up a wheely bin in about 5 minutes so it fits in your boot and can be dropped off at the local recycling center should you ever have one to get rid of.
    Originally posted by Mr.Generous

    Your friend is a very naughty man
    • Comms69
    • By Comms69 6th Feb 18, 11:07 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    I had a friend who had a neighbor who liked to keep his bins right up against my friends house, in the way and banging the lid every time he used them etc. Usual route of polite requests got nowhere, then suggestions re fire safety (re-cycling bin full of card and paper right against his house) still no joy.

    Would you believe that just after his black bin was emptied some passing kids must have seen it pushed against my friends wall and stole it. Takes about a month to get a replacement. Neighbor used a big "U" shackle lock though the handles after that.

    Lo and behold about 2 weeks later some passing youths must have had a saw with them because someone cut the plastic handle on the bin, thus rendering the "U" lock useless and stole his recycling bin on the day it had been emptied. Obviously an inconvenience again sorting a new bin, and would you believe, he still didn't move them. Then the youths must have wanted a green bin because that went too.

    His remaining bin was moved to behind his own gates while still waiting for a green and blue replacement.

    Out of interest my friend says a jigsaw will chop up a wheely bin in about 5 minutes so it fits in your boot and can be dropped off at the local recycling center should you ever have one to get rid of.
    Originally posted by Mr.Generous


    The youth of today are so environmentally friendly, they must've needed extra bins to make sure everything was recycled!
    • Comms69
    • By Comms69 6th Feb 18, 11:09 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    I wonder if it works both ways? Perhaps deliberately blocking an individual's access on a regular basis is harassment? Though tbh I can't see that either amounts to causing alarm and distress.
    Originally posted by bouicca21


    It depends. The bins are on a communal path from my understanding, so both parties have rights over it.


    Whilst I tend to agree; calls, texts, emails and knocking on doors are they most reported forms of harassment in the country.
    • moneyistooshorttomention
    • By moneyistooshorttomention 6th Feb 18, 11:21 AM
    • 15,598 Posts
    • 43,331 Thanks
    moneyistooshorttomention
    Your friend is a very naughty man
    Originally posted by LandyAndy


    ...and sometimes "friends" have to accidentally on purpose make it plain enough to an offender what will happen (eg if they trespass - or block the way - one more time).

    "Friends" never had to get as far as accidentally breaking glass bottles in my garden and then forgetting to clear them up again, but I suspect friends might have turned into careless heavy drinkers - if it hadnt become clear just how frequent watering with a hosepipe was...and how often it looked like it might coincide with trespassing.
    Like Frankie said - I did it my way.
    It's MY life......
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