To remove neighbours bins from my back garden

[Bindrama]

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.

I’m still so confused as to why there is a gate there in the first place ? It doesn’t make sense .
They are cf of the highest order .

I'd get a heavy wooden bench or something and put it in the nook on bin day. Turn that little area into a seating space with a little table etc. Keep access to the gate available but remove the option to store their bins there. If they complain just ask them for evidence

Keep access to the gate available

I disagree. If they have access they will just keep walking through the garden.

Surely if they haven’t presented proof of legal right to access your land and your solicitor found no such thing when you bought the house, there’s nothing to discuss? If the previous tenant let them go through your garden, that’s on them, you’re the new owner now, so tough.
What’s weirder is that they seem from your diagram to have access to a road by the front of their house, so how could they have a hope of proving they need to go through your garden?

I would just put a 6ft latticed fence in front of the gate and plant a climbing rose through it.
I hate CFs who think they can do whatever they like just because they were there before you.

I think if you don’t want to take a super obvious stance, the Gravel pile is a great plan. And cctv to see what else they get up to in YOUR garden.
I personally would move their bins and deny all knowledge but up to you!

@DallyD what if the washing line ... broke? You can’t possibly be obliged to maintain it for them?! Good work on the dog, I’d first get a fire pit and ensure smoke on their washing (nothing legal against that) and if that wasn’t a deterrence accidentally break the line. Use a rack for a year and install a new line after that. CFs shall not be endured!

@Fluffybutter

I’m still so confused as to why there is a gate there in the first place ? It doesn’t make sense . They are cf of the highest order .

Presumably if both properties were owned by the same owner, it was convenient.

Property solicitor here. It may well be a real right of way acquired by prescription that isn't on the seeds. I would though, write a polite letter from a solicitor. State that of course you are willing to honour any legal right of easement acquired and would be grateful for the details of this, give them a deadline and state that unless they have provided you with the details you will be securing your boundary from x date.

this right here is why I love Mumnset 🎉

the combined knowledge on here from qualified specialised and experienced individuals is a gift... ⭐️

this is brilliant advice legal OP.. good luck 🌺

i never understand these threads. its your land. just say no and block the access.

DP would love some livestock @BrummyMum1 so I’m not putting that suggestion to him but equally I’m not sure that would deter them 😂

Unfortunately it’s not as simple as it being ours or that they have another equal way of accessing the road with a potential prescriptive easement. I wish it was!

I think it’s quite straight forward with the bins though! They will be going as soon as the CCTV is in followed quickly by a deep gravel path. I stopped at the end of the road on my way to work and looked again at how much outside space they have and it’s a lot of land - not just a big garden!

Other than them saying ‘we’ve used it for 20 years and so we must have an easement’, they haven’t given any proof and to my knowledge it doesn’t meet the requirements. Thanks @stillfeelingmad I will try via our legal insurance and see if they could help with this before we lock/block it.

Think we know why the opening would have been there historically, these are very old houses that had shared outdoor loos and were owned by one person. The outdoor facilities are long gone though.

The other issue is that they do have a large and anxious dog, that barks quite aggressively at us. It’s terrified of anything that moves and gets out frequently because their boundary is not well enclosed. Usually it comes in to our front garden when we’re getting in/out the car (not possible to put a gate on here) so I usually bang the door to see if it’ll appear and then sit there for a few minutes!! We have had strong words about this but in one ear and out the other...

@BrightYellowDaffodil

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

Land mines.

Apologies if you've said this and I've not spotted it, but did you know about their belief that they could access your garden before you bought the house? For me there would be little difference between accessing and storing bins, I wouldn't want either.

Do you like gardening OP? Local stables will often give away as much muck as you can take and a nice big pile would get the message across (if your garden is big enough not to stink you out!). Once things are blocked off it can go to the plants or be composted?

If fencing is a time or money issue a couple of old pallets mounted onto posts banged in is surprisingly sturdy. They will slot down over.

Can you fence off your front garden/secure it against the dog?

@IRunLikeJoeBiden we didn’t know about the bin storage, we did know about them walking across the back of the house. We asked specifically via our solicitor who said the don’t have legal access/any easements.

If they had a right of way we’d have bought it anyway tbh and if they’d not been a nightmare we’d also have allowed the access for bins on bin day even though it makes no sense to me!

Remove the gate and install a stile.

Remove the gate and install a stile.

Oh I love this idea! (Imagines the NDNs struggling over a stile with bags of rubbish!)

at the dog.

These are not neighbours you're going to have a good relationship with I'm afraid. Onward with CCTV. Would a dog warden do anything?

Download a copy of their title deeds to check they don’t have access rights, then ask a solicitor to write to them stating you do not give them permission to keep anything on or have access over your land then tell them to sling their hook! Fence along their gate or just the alcove bit. Or, each time you see the bins id be wheeling them back onto their property. The legal position will actually be relatively straightforward and the onus will be on them to prove they have acquired rights. They will have to provide actual evidence other than saying they “must” have gained rights. The law doesn’t really work like that...

It’s a weird garden set-up, isn’t it? That your garden wraps around their house.

If your garden is big enough I’d offer to sell that strip to them. Then you get cash, less annoyance and no reason for them ever to have to come onto your land except the very back of the house.

But perhaps it would take such a big chunk out of your garden it’s not worth it?

They sounds like cheeky fuckers to me!

Every time they put their bins there - just move them to the front of the property and repeat.
fence your front garden in completely.

I can't understand why people are so bloody irritating.

Use the bins. the smellier the rubbish the better. Use nappies if you have to!

Can’t you lock the gate?

Any updates?!