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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:
BenoneBeauty · 19/11/2020 22:03

They are absolutely cheeky fuckers. I initially liked @ivykaty44 's idea as there would be no legal recourse but after seeing your diagram, I'd be putting my own great big fence across their gate and permanently block access as well as setting their bins in fire!

Original poster
Bindrama · 19/11/2020 22:05

I think it would be hard for them to prove a prescriptive easement but more so I don’t think they have a right to one...

I know they rented their property before they bought it but have owned it for 20 years. We both purchased our properties from the same person. I am 99.9% sure they had permission to walk that way. We did ask about the back garden set up prior to completion and we’re assured they hadn’t gained one. I would presume their solicitor would know the grounds for gaining one and defiantly knew the history of the house/what they had agreed.

Bins are still there for now...

OP posts:
SeaToSki · 19/11/2020 22:07

A gate implies permission to use.

If there is permission, there cannot be prescriptive easements

Withdraw permission, but then you have to stop them or give them permission in writing annually and let them use the route, but you prevent any future claims. (I would stop them)

Now you know and you have objected to them, you have to act one way or the other. Shillyshallying allows them to get their foot in the door.

Original poster
Bindrama · 19/11/2020 22:07

Not we’re, were!

OP posts:
Sleazeyjet · 19/11/2020 22:08

@SeaToSki

A gate implies permission to use.

If there is permission, there cannot be prescriptive easements

Withdraw permission, but then you have to stop them or give them permission in writing annually and let them use the route, but you prevent any future claims. (I would stop them)

Now you know and you have objected to them, you have to act one way or the other. Shillyshallying allows them to get their foot in the door.

Fiction of lost modern grant?

It’s years since I did land mind you.

Bargebill19 · 19/11/2020 22:09

Our council will collect any unwanted council
Bins for free - they are shredded along with garden waste. .....mwah ha ha.

bridgetreilly · 19/11/2020 22:11

Get one of those posh locakble wheelie bin stores. Install it next bin day and get your bins in it and locked before they can bring theirs back.

ivykaty44 · 19/11/2020 22:15

Let us know what you decide

willitbetonight · 19/11/2020 22:17

Cheeky fucks. I would get on and block their access to be honest. Let them be the ones that have to prove their case. Make sure you have legal expenses insurance ASAP.

Original poster
Bindrama · 19/11/2020 22:18

Some great ideas!

We withdrew permission in writing months ago, I would have physically moved them sooner but we’re both at work all the time atm (thanks to covid) and so I’m a bit worried about what I’d come home to find!! I have been home to find quite a few things out of place already...

OP posts:
willitbetonight · 19/11/2020 22:18

@DallyD don't they have a washing line of their own? What if you want to use it?

willitbetonight · 19/11/2020 22:21

Get some cctv.

Is there a good reason why they want to access the road from your garden?

BrightYellowDaffodil · 19/11/2020 22:21

I’ve said it before and I’ll say it again:

Land mines.

gottakeeponmovin · 19/11/2020 22:22

I would put a gate up and lock it. If they want to take further action thats up to them. No wayeould I let them out their bins in my garden!

Original poster
Bindrama · 19/11/2020 22:24

CCTV is on order.

There is no good reason why they want access, it’s all control. It’s not even quicker to part of the road he needs to put his bins if he kept them in practically the same spot but on the other side of the gate!

OP posts:
switswooo · 19/11/2020 22:24

I have been home to find quite a few things out of place already...

Could you afford CCTV?

switswooo · 19/11/2020 22:25

Cross post

Opal71 · 19/11/2020 22:30

I wonder what would happen if you put your bins in their garden on the other side of the gate and started to take them through their garden to the road?

DallyD · 19/11/2020 22:32

@willitbetonight I have a double retractable one up so I'm always wary of my washing taking up more than 1 line. We were told this was a verbal agreement, by landlady and estate agent. After looking in to buying this property it is in the deeds they have access for outside WC (removed before we moved in), store bins and for washing line since 1958!! They dont store their bins here funnily enough, probably as that's inconvenient to them! They only ever put 2 tshirts and a towel out just to prove a point. She isnt round half as much now, think that's due to the weather, also after telling the landlady we wouldn't be buying it and that she would have a nightmare selling to anyone with these rights in place. And possibly something to do with the big boisterous dog we've bought Smile

RealBecca · 19/11/2020 22:39

Just move them and pit up a fence and wait for them to go through the legal hassle of proving it. I doubt you'll hear anything as they probably don't have the right and you can examine any letter and proof they send and that gives you a firm answer.

RealBecca · 19/11/2020 22:41

And honestly it sounds like you're making this into a bigger fuss than it needs to be. Move the bins, put up a fence and lock and wait for a legal challenge.

ThrawnCow · 19/11/2020 22:50

Have you posted about these CFs before? Sounds familiar.

SchadenfreudePersonified · 19/11/2020 22:55

[quote DallyD]@willitbetonight I have a double retractable one up so I'm always wary of my washing taking up more than 1 line. We were told this was a verbal agreement, by landlady and estate agent. After looking in to buying this property it is in the deeds they have access for outside WC (removed before we moved in), store bins and for washing line since 1958!! They dont store their bins here funnily enough, probably as that's inconvenient to them! They only ever put 2 tshirts and a towel out just to prove a point. She isnt round half as much now, think that's due to the weather, also after telling the landlady we wouldn't be buying it and that she would have a nightmare selling to anyone with these rights in place. And possibly something to do with the big boisterous dog we've bought Smile[/quote]
I think I'd have the need so burn a bit of garden rubbish every time her washing went out DallyD.

I've never heard owt so daft, and I've listened to Boris Johnson's Covid Declarations.

BananaFlavouredPancakes · 19/11/2020 22:55

Chancers!!

k1233 · 19/11/2020 22:56

You don't have to put up an entire fence right now, just one panel squarely in front of the gate.

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