Neighbours new bin port - crossing our boundary ? Can anyone help with advice please ?

[user1468179331]

Hello All, am new to the forum so apologies if I have posted in the wrong place . I have a query that hopefully someone can help me with . My neighbour has built a "bin port" right next to ( and slightly crossing our chimney breast .
The homes were built by Maunders in 1997 and the building schedule is quite "strict" for want of a better word. No sign written vans , paintwork must be kept white etc .
One, I'm not to enthralled to have their bins right by my lounge window . Every one of the other houses parks them round the back ,although I accept this is their property and can do as they wish.
If I may quote one of the clauses , I would welcome anyone's thoughts 😀

" Not to erect or maintain or suffer to be erected or maintained on such part of the property as is situate between the front and any Building Line of the property and the abutting road any building erection or structure whatsoever whether moveable or on movable or gate gatepost wall fence hedge or other partition except with the written consent with the Local Planning Authority "

The shed is also no covering our telephone wires so don't know where we would stand if we had a problem in the future ?
Appreciate any help , we get on with the neighbours so wish to be as tactful as possible or do I shut up and accept it as it is ? 😕

The clause you've quoted refers to the Building Line. Does the bin store protrude beyond the front wall of their house?

If not, then that clause is irrelevant.

If it crosses the boundary line, then you could ask them to move it. Looks as though it is as it overlaps where your chimney is. What do the title register docs and your building schedule say about boundaries?

If I were you if you really want to say something about it I'd say that you are concerned about access being really awkward in that area in a way that it wasn't before that was there.

Thank you @wowfudge , no it doesn't come out further . I will read up on the title register as this has only just been built . There are 30 points on the building schedule that are all worded like the one I quoted so trying to decipher !!!!

boundaries around walls and chimneys can be a bit odd. Sometimes the wall is the boundary, sometimes the eaves of the roof.

If its the wall, then the projection of the chimney would mean the boundary sticks out for it. If it's the eaves then it would include a thin strip around the house. I don't know how it works, but I have seen both. I believe you are not allowed to build a house with your eaves hanging over your neighbours boundary.

Thank you @PigletJohn , I think I need to dig out all the paperwork , just doesn't seem right 😕

That clause means they can't build anything in front of the front wall of the house. If it's over the boundary you don't need a clause, you have the title documents and plan.

I don't think the clauses are what will help you in this instance, it is (hopefully not!) a boundary dispute. If their bin/bin shed is over the red line of your boundary (as marked on the plans), then they are in the wrong. But whether for the sake of good relations you want to say anything or not is a different matter!

It'd annoy me. But to be honest, unless you really hate your neighbours I'd suck it up. It does encroach on your land, I'm sure the title deeds would show that. But as a bin store, it's probably not classed as a permanent structure, so probably not a lot you can do.

Good relations go both ways though- surely you are allowed to point out the proximity to your lounge window without starting a war???

I can't help thinking they should just not keep their bins at the front - unless the kitchen is at the front, it must be a real pain when it comes to taking rubbish and recycling out.

I think your angle here is that it blocks access to your phone line. Go to them with that and ask that it be moved to allow you your access.

If your plans say the land is yours, I think it's quite important that you don't let them put stuff on it. Isn't there a risk that after x years they will claim it as theirs by habitual use? Phone wires are worth a mention but future access to your wall also comes into it. We had Sky installed recently and the engineer fitted cables round the outside of the house & drilled through the wall at the place we wanted the tv.

I think it's worth mentioning about your view from the living room too. Also won't there be a smell too if you open that window when it's sunny?

Thank you 🙂

Yes I am worried about the smell ..

Kitchen is at the back , furthest corner from the bins , guess I will have to dig out the plans , problem is my copy in the land registry docs isn't to scale and someone used a big red marker outlining our plot but it has covered the original black lined drawing .So I can't tell if boundary is right up to our wall or if there is a bigger gap .

Sorry - you can tell I'm new ☺️
Wanted to thank each of you for the advice / input you have given . So fed up, they have been away and bins are full and smell so bad . We haven't even had hit sunny days yet ... 😟

Better view from the road , the vent into our lounge is near the telephone wiring .

Fidella is you look at the first photos the OP posted, it is pretty clear that the path is on the neighbour's property. The grey is the OP's land. The bin store is slightly overhanging the boundary, positioned under the OP's window.

Hmm. It's quite possible they are crossing your boundary but stop and think through what you can do and what the outcome will be if you say anything. Yes, you could insist the bin store is re positioned one inch further on to their land, but you'll still have it there, and it will still smell as much, and you will have annoyed your neighbours to boot. It's a pretty inconsiderate place to position a bin (I wouldn't do that out of neighbourlyness), but presumably they don't want their smelly bins in their back garden.

Does the development have any restrictive covenants about wheelie bins on display? Some do.

Oh dear, it looks an eyesore. Why would they do that? It even looks like it's from your house. I wouldn't be happy at all. I hope they are decent re this.

So is that space between the houses all theirs ? But the port is attached to your wall ?

If you read the OP's posts, the bin store is on the neighbour's land but slightly overhangs the boundary. It isn't attached to the OP's house.

Also from experience I would also say that you really don't want anything pushed up against your outer walls if possible because it could cause issues later on with damp etc, why don't you email the pictures to your solicitor and see what they think?

Looking at the second pic (where you can see "17" painted on the bin) it gives me the impression that the trough of grey slat chippings and its grey retaining kerb belong to the OP, and the gravel and its redbrick kerb belong to the neighbours. That would mean the OP's boundary includes the chimney and the eaves and gutter, which is what I would expect.

Why is it so big anyway? Couldn't they have made it closer to bin width and just put a gate on front? That would leave a decent gap for you and would look better...the stench on the other hand...