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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 2
    • Ithaca
    • By Ithaca 6th Feb 18, 11:21 AM
    • 235 Posts
    • 252 Thanks
    Ithaca
    Does he unlock the bin on collection day? Or is it emptied in situ?

    If it's the former I would not recommend putting your own cheap chains on the bin, even if you were confident it would not damage the bin itself, because that would inconvenience him on collection day and if he were to cut your chains off that would potentially be criminal damage on his part.
    • pinklady21
    • By pinklady21 6th Feb 18, 1:16 PM
    • 519 Posts
    • 354 Thanks
    pinklady21
    Who supplies the bins? Is it the Council? Are there any official guidelines about the siting of bins in your area? You could try ringing the Council to find out.

    When you say the bin is blocking the access - is it impassible completely for an able bodied person, or is access only difficult for say a pram or a wheelchair, or someone using a walking stick?
    • G_M
    • By G_M 6th Feb 18, 2:03 PM
    • 43,778 Posts
    • 51,729 Thanks
    G_M
    Paths jointly owned as are railings,.
    Originally posted by mik67
    This is unlikely.

    1) Have you checked both your Title Plan and the neighbour's Title Plan? Where exactly is the boundary?

    2) Have you checked both Titles? What Rights of Way are specified?

    Before taking action you need to know the precise legal position!
    • mik67
    • By mik67 6th Feb 18, 7:37 PM
    • 34 Posts
    • 13 Thanks
    mik67
    Have checked title deeds, it's clearly marked as jointly owned. It's only way to access communal drying green and our garden.
    • pinklady21
    • By pinklady21 6th Feb 18, 9:04 PM
    • 519 Posts
    • 354 Thanks
    pinklady21
    Where else can the bins be stored? Can he chain them up somewhere else in his property that won't cause any obstruction?
    Presumably he has to unlock the chains to get the bins emptied?
    Why did he chain them up in the first place?
    Is he concerned that someone steals them?
    • mik67
    • By mik67 6th Feb 18, 9:30 PM
    • 34 Posts
    • 13 Thanks
    mik67
    There's an area for bins that leaves room for everybody. Nobody would steal bins,he's just trying to wind is uo.
    • G_M
    • By G_M 7th Feb 18, 2:55 AM
    • 43,778 Posts
    • 51,729 Thanks
    G_M
    Have checked title deeds, it's clearly marked as jointly owned. It's only way to access communal drying green and our garden.
    Originally posted by mik67
    I am struggling to believe you.

    And losing the struggle.

    Where land is jointly owned, it is the entire area contained in the title which is jointly owned.

    So do you and your neighbour jointly own both your homes?

    Or is this area on a seperate title of it's own ie not part of either your house, or your neighbour's house Title?
    Last edited by G_M; 07-02-2018 at 10:51 AM.
    • Norman Castle
    • By Norman Castle 7th Feb 18, 8:04 AM
    • 6,847 Posts
    • 5,591 Thanks
    Norman Castle
    How high are the railings and what on the other side? Can you lift the bins over them?
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Pixie5740
    • By Pixie5740 7th Feb 18, 8:17 AM
    • 11,928 Posts
    • 16,791 Thanks
    Pixie5740
    I am struggling to believe you.

    And losing the struggle.

    Where land is jointly owed, it is the entire area contained in the title which is jointly owned.

    So do you and your neighbour jointly own both your homes?

    Or is this area on a seperate title of it's own ie not part of either your house, or your neighbour's house Title?
    Originally posted by G_M
    I think the OP might be in Scotland. My property has communal areas shared with my neighbours and the View Title is colour coded to show what I own and what I own jointly with my neighbours.
    • Out, Vile Jelly
    • By Out, Vile Jelly 7th Feb 18, 10:38 AM
    • 3,913 Posts
    • 13,322 Thanks
    Out, Vile Jelly
    There's lots of fun that could be have with this, ie putting your bins on the joint path too, "disappearing" his bins, filling them with rubble etc, but ultimately this guy is your close neighbour and you have to live with him, find a sensible compromise or move.
    They are an EYESORES!!!!
    • G_M
    • By G_M 7th Feb 18, 10:54 AM
    • 43,778 Posts
    • 51,729 Thanks
    G_M
    Thanks pixie. Makes sense now.

    That's the trouble with a single board for different legal jurisdictions where posters don't make clear where they are.
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