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'd be filling their bins up with my rubbish if
they put them in my garden, as well as wheeling them through to the street opposite side of my house every single time I saw them on my property

Seriously, where is your head at OP?

@MinnieMountain

I’ve just looked up the rules to remind myself.

They have to prove 20 years continuous use, without secrecy and without permission.
It can be anything that’s not illegal.

The rules are in the Land Registry practice guide 52 if you want to show them something.

This, absolutely.

@Bindrama

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...

Whilst you are reiterating about the gate and bin to your neighbours, tell them if their dog is on your land one more time you will report to the council’s dog warden service and will do so every time it happens.

Cctv first. Get some evidence
Then raise it with your neighbours (or whatever order).

If they dont listen. Just put in a extra fence panel /fence and lock up that pathway! !! Cf neighbours.... tresspassing and all

The bin thing is awful, but add in the dog! Christ id want them yo do something about that.

Hope you get this resolved, what an absolute nightmare!

Just move them. No comment or anything. If they move them back move them again. I'm so fed up of people thinking they can do as they like.