Refusing existing shared use of land

[Notthissticky]

We live in an upstairs maisonette. Our garden is accessed through a shared use path. A small part of it is paved and has a (low) fence around it. This area is used to store wheelie bins and recycling boxes and bags, by us and our downstairs neighbour. This arrangement was already in place when we bought the house last year. We now want to put up a fence along the path, to give us more privacy and improve security. Seeing as the bin storage area is technically part of our garden, we want to remove the fences around it and incorporate the area (this would also make it easier to build the fence as there would be fewer corners). Can we just inform our neighbour of our plans (and that she'll have to keep her bins elsewhere) and crack on, or does the fact that the bin storage area has been there for a while mean that she can now claim she has a right to use it? We don't get on with her at all so I want to make sure I know exactly where I stand before I speak to her. I know I shouldn't take legal advice from randoms on the internet, so it would be great if you could tell me the terminology and area of law I need to look into and then I can do my own research😊

I would have thought you would need agreement from her if she has done it for xx years.

Is it on the deeds, or just an agreement?

Not a lawyer though, so, get better advice than me

Aaargh, can't believe I missed that out! The deeds do not show the fence around what is now the bin storage area. It is just shown as part of our garden. The neighbour is rather entitled and will definitely moan about how inconvenient it is for her (which, as we've discovered, matters more to her than what the law says🤦🏼‍♀️) so I need to be absolutely certain we've got it right...

C'mon op. You must know a diagram is an essential requirement here

Where can she leave her bins that will cause you great inconvenience?

@RogueMnerHidesUnderABigHat

C'mon op. You must know a diagram is an essential requirement here

Sorry!!! Currently feeding the baby, will draw one later! Meanwhile, any suggestions about my dilemma?

@midgemagneto

Where can she leave her bins that will cause you great inconvenience?

She's not the type to do that, she'd find it too embarrassing if anyone found out she's fallen out with us because she's behaving like an overgrown toddler

Can you fence off a shared path?

Re the garden bins, just tell her you're going to be fencing off your garden so she'll need to move them, and let her argue if she thinks she has a legal case. How long has she been storing them there? Look up prescriptive easement - it requires 20 years of unchallenged use before any potential right is acquired.

Here you go feel free to remember me in your wills Obviously not at all to scale, the bin store area is much larger in proportion to our garden.

You can't erect the fence without her approval OP. If I'm reading it right you both own the garden and the path? If so you can't just throw a fence up.

@Hollyhocksarenotmessy thank you for your reply! I'm not sure how long the bins have been kept there, but she has lived here for about 10 years. Does it matter what the previous owner of her maisonette used to do?

I hope the diagram shows that we would be fencing off our garden by putting a fence along the shared path. We wouldn't be changing anything in terms of accessing the path.

@pollypersephone

You can't erect the fence without her approval OP. If I'm reading it right you both own the garden and the path? If so you can't just throw a fence up.

No, the path is shared, leading to her front door and garden gate and our garden. We own our garden. The fence would be along the path, on the edge of our garden (see diagram). We are unusual in the area in not having a fence there already.

Its possible that she could have acquired a prescriptive right to use that space - see if the principles here apply:
www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription

Is there space for her to put her bins in her garden? Otherwise the only other obvious place to put them for her is blocking the pathway which will cause obvious issues.

So where are your boundary markings on the deed if the bins part isn't included? Does it cut across where the paving slabs are? Where is ndn meant to put her bins if not in the shared ginnel?

@ButYouJustPointedToAIIOfMe

So where are your boundary markings on the deed if the bins part isn't included? Does it cut across where the paving slabs are? Where is ndn meant to put her bins if not in the shared ginnel?

The boundary runs along the path. The blue and red bits on my diagram are not delineated separately on the deeds. She can put her bins in her garden, there's a gate from the shared path to enter her garden.

@Geneticsbunny

Is there space for her to put her bins in her garden? Otherwise the only other obvious place to put them for her is blocking the pathway which will cause obvious issues.

Yes, it's quite large. AFAIK very few people in the downstairs maisonette in the area keep their bins in their neighbours' garden. TBF, it's not my problem and she's long forfeited any goodwill I had towards her. All I'm interested in is what the law says.

If you do that the bins are going to be on the path by her door. Isn't that going to be worse for you?

[quote badpuma]Its possible that she could have acquired a prescriptive right to use that space - see if the principles here apply:
www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription[/quote]
We're leaseholders and the freeholder is the same for the whole street, so this wouldn't apply I think

@Backhills

If you do that the bins are going to be on the path by her door. Isn't that going to be worse for you?

No, they can go in her garden or on her driveway. As mentioned, no one else keeps their bins in a shared area.

What is the blank bit in front of the bin area? Could you put a bin store on it for example?

@SoupDragon

What is the blank bit in front of the bin area? Could you put a bin store on it for example?

There's gravel there ATM but it's a) not big enough for a bin store and b) ours

Where do you keep your bins?

I would just fence around the bin area, it doesn’t seem you own that area anyway so you can’t just claim it. Certainly not to the inconvenience of the neighbour

I'm sure they can go in her garden but if she's used to having them by her door, I'd expect that's where she's going to put them

Its good that you're both leaseholders so it isn't going to be an easement.

You might want to double check with the landlord that there is nothing in her lease which allows her to keep the bins there or would prevent you from fencing off the garden.

@Sirzy

Where do you keep your bins?

I would just fence around the bin area, it doesn’t seem you own that area anyway so you can’t just claim it. Certainly not to the inconvenience of the neighbour

As the bins are within the OP's deeds it seems pretty clear she does own this area

You're getting weird responses here OP. It seems you CF neighbour has decided that storing her bins on your land is more convenient. Moshe has a garden and a driveway she can use.

I'd think you're perfectly within your rights to fence your own land and prevent your neighbour storing her bins there