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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To remove neighbours bins from my back garden

206 replies

Bindrama · 19/11/2020 19:10

For background we bought a house a year ago but completed some renovations before moving in and so haven’t lived here for very long. Neighbours have lived in the house next door for over 30 years. They have decided to keep two of their three bins in our back garden (outside their back gate in a little nook against their wall but very much on our land) and will not move them.

They say they’ve earned a right of way by prescription through our garden to take their bins out. For various reasons I don’t believe this to be correct but it would be outing to expand.

They have direct access to the road from their own garden and a massive amount of land (5 times the size of ours). Title plans on the land registry are very clear as landmarks are obvious and there are no such recognised easements in the deeds.

Even if they were to obtain a formal right of way across our garden surely this doesn’t give the right to keep their bins here?

AIBU to just move them? I’m worried about formal consequences mainly.

OP posts:
crankysaurus · 19/11/2020 20:51

So they wheel their bins through your garden? That's very fucking rude!

Sparticuscaticus · 19/11/2020 20:53

Oh, they are cheeky fuckers - that is clearly your garden and not even a pathway

You can mess around with gates etc and putting up fences your side as much as you want (sensible Butlins take a hug of time) but in the meantime, any property they abandon on your grounds can be moved.

I'd move their bins out the other side of road furthest from them into the street snd add my own (non named rubbish) to fill it uo 3x a week, and let them feel THE PAIN of having no bins!!!

And I'd be all 🙄 " I have no idea what you are talking about ., " when they ask (video!) knowing no judge will criticise you for moving something off your land that was left there without permission (the extra rubbish I get rid of by filling their bin would be my payment for them annoying me)

Graffitiqueen · 19/11/2020 20:53

Even if they have a right of way surely that wouldn't give them the right to store anything on your land?!

WiddlinDiddlin · 19/11/2020 20:54

I don't understand why they think they have a right of way across your land or why there needs to be a gate there?

Can they not get their bin out to be emptied via their own garden?

I'd ask nicely once.

Then I would put up a fence blocking their fence and gate, with their bins their side of it and point out that damaging my fence would result in legal action, IF there is in fact no legally marked right of way across your land from theirs shown on deeds/maps etc.

If there IS a right of way, I would still shift their bins, a right of way is not a right of storage/usage other than to get from A to B.

Sparticuscaticus · 19/11/2020 20:55

sensible Butlins take a hug of time
😳😝😝

My phone auto incorrect loves butlins!

"Sensible but may take a bit of time.."
Is what that sentence was supposed to say..,

LaValliere · 19/11/2020 20:56

Move the bins!
More fundamentally this potential right of way claim really matters because it could affect the value of your house. You need to get legal advice ASAP on whether they genuinely have a claim.
And don’t use the solicitor who acted for you in the purchase in case there is a potential negligence issue.

PizzaForOne · 19/11/2020 20:56

Good diagram. You have no fence between your garden and the road? I suppose the gate access may have been there so they can easily access the exterior of their property that sticks into your garden? But they could always access from the road.

Block the gate and move their bins to road area in front of their land that borders the road.

Let them take legal action if they wish. They probably won't.

Can I guess you're quite a bit younger and they are dismissive of everything you say?

rwalker · 19/11/2020 20:56

dump them in there front garden and block the gate

Randommother · 19/11/2020 20:58

Why not store your bins there?

Nemo57 · 19/11/2020 21:00

Definitely put up your own gate with lock and in the meantime maybe start storing ur bins on their land see how they like it. I think if you put ur bins there they'd still just store theirs Infront or something sadly but worth a shot

viques · 19/11/2020 21:02

Forgive me, but isn’t that gate almost exactly in the place you were going to dig your new pond?

nancybotwinbloom · 19/11/2020 21:02

Knock next time they leave the bins. Tell them to move the bins or you will do what then with you as you see fit as it's on your land.

Give them 39 mins, burn them bins up to actual fuck.

nancybotwinbloom · 19/11/2020 21:03

30 mins ffs but 39 isn't unreasonable either

PizzaForOne · 19/11/2020 21:03

Also any reason you are scared of any legal action? If it happens (doubtful unless they have clear proof of a right of way - and you have your comms from the sellers solicitors) it will start with a few letters between solicitors. Your solicitor would be able to advise on if what they claim has any legs. If you were to concede and allow their gate again then doubt you would pay their legal costs. And if it goes to court I think any expenses you have to pay if you lose are capped. Really not much of an issue to just block the gate off and see what happens. At worst you pay for a bit of solicitor time who tells you their case is pretty solid and you take down your new gate or unlock it.

Pollypudding · 19/11/2020 21:03

I must say it sounds pretty unlikely that they would have right of way through your garden if they have access to the street through their own garden. And even if they did they would have no right to store their bins there. CFs for sure! My DS’s neighbours do have right of way through his garden for bins as they have no access to the street but there is no question of them storing their bins there!

WitchOfTheWest · 19/11/2020 21:05

@MyOwnSummer

Put a 6ft fence up on your side of the boundary blocking the gate. Done!
I'd just do this tbh. Without any further discussion.
Mycircusmymonkey · 19/11/2020 21:08

I think a lovely gravel path (just a couple of inches narrower than a bin and a nice prickly hedge bordering said path rapidly be a wonderful addition. Maybe get a dog and let said path be wear it toilets too.

Ontheboardwalk · 19/11/2020 21:08

Have you got legal advice with your home insurance? Most of then do

Give them a call and lock the CFs out

BlueThistles · 19/11/2020 21:09

they're a pair of cheeky lazy gits 🤣

BlackAmericanoNoSugar · 19/11/2020 21:12

Berberis is a very pretty shrub and prickly as fuck. It'll tear the legs off anyone trying to, for instance, come through a nearby gate.

SarahG6383 · 19/11/2020 21:14

I’d tell them to move them off your land otherwise you will dispose of them Grin

They have no right to store them on your land and I don’t think they’d have right of way either, just pop a fence up to block them out Grin

Absolute CF

poshme · 19/11/2020 21:14

If they have been walking that way for years they have not established a right of way IF they had permission.

You can only establish a right of way if you have not had permission.

If your deeds/legal stuff do not show a shared access, or them having access over your land, they have no right to do this.

Personally I'd block the gate.

SchadenfreudePersonified · 19/11/2020 21:15

@DrManhattan

Set them on fire. I think you can also get high on the fumes
This was going to be my suggestion, too.
aeiouaeiouaeiou · 19/11/2020 21:17

Don't speak to them about it again. Put 6ft fence up on your side and keep their bins!! SmileSmile

Pogmaasal · 19/11/2020 21:18

@viques I was going to suggest a pond too, or a rockery in that corner