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😊

Does she have somewhere else to store the bins? Councils are a bit funny about them these days. We wanted to replace our ropey porch with an insulated brick built one using the same footprint. Our council wanted to know where bins would be stored and where the space to store bicycles was. We mentioned it to neighbours who are adding an extra bedroom and they had to do the same. I know you aren't going to need planning for your fence but thought I'd mention it as a consideration.

@Backhills

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

Then she'll likely be breaking the terms of the leasehold which I'm sure will have something in it about keeping access routes clear for safety

The diagram says that bit isn’t on the deeds that’s what I went off

@Sirzy

The diagram says that bit isn’t on the deeds that’s what I went off

Sorry Sirzy you're right it does

I went off the OP's post which said The deeds do not show the fence around what is now the bin storage area. It is just shown as part of our garden.

So @Notthissticky is the bin storage area part if your garden/deeds or not?

I would move her bins, you can check with the garden law forum lots of good advise on that site.

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.

Freeholder not landlord if OP and neighbour are leaseholders.

AFAIK - legally you can, just think about where she is likely to put her bins & if this will annoy you more …

The legal point you are querying is adverse possession (squatters rights): kicks in after 10-12 years, but she would have to prove it is ‘unconscionable’ for you not to allow her this right: hard to prove if there is an alternative spot for a bin

What a are you planning to do? Tell her or just put the fence up?

@WaltzingBetty @Sirzy my diagram wasn't very clear. The areas that are blue and red on my diagram are shown as being part of our garden on the deeds. The "not on deeds" on the diagram refers to the fact that the deeds do not show the paving slabs or the fence around the bins. They do include the area these are on.

@despairinghomeowner We are trying to maintain the moral high ground so we are just acting as though there has been no falling out. I was thinking we'd tell her we want to put a fence up and would like to check with her where the boundary runs. Seems like the neighbourly thing to do. The falling out was unrelated to this btw.

@WaltzingBetty thanks for seeing my POV that it's our land and she can keep her bins elsewhere. The only thing is that at some point someone paved the area where the bins are kept and put a fence around it, so it now does look a lot like a designated storage area. Not sure if that matters though

@Notthissticky: sounds wise, there is no point escalating tensions as you don’t know where things will end!

Wanting to fence your land for security is hardly unreasonable, & you have the deeds so it’s your right. It would be unreasonable for her to expect you to GIVE her a bin store

My question: where do you see her putting the bins once this spot is taken away? (Hopefully not an eyesore round the front?). Are these wheelie bins or something smaller?

PS - the fact that others on street do not do same is v much in your favour, she will have to do same as them

[quote DespairingHomeowner]@Notthissticky: sounds wise, there is no point escalating tensions as you don’t know where things will end!

Wanting to fence your land for security is hardly unreasonable, & you have the deeds so it’s your right. It would be unreasonable for her to expect you to GIVE her a bin store

My question: where do you see her putting the bins once this spot is taken away? (Hopefully not an eyesore round the front?). Are these wheelie bins or something smaller?[/quote]
I would hope she'd keep them in her garden. This is accessible from the shared path and directly from her house.

Unfortunately I have just discovered that our friends further down the road who also live upstairs let their downstairs neighbours keep their bins at the end of the garden path, on their (=friends') land. We have a shed (not on diagram) here though so would be unwilling to do this. There's also a 2mx1m area on the left of the path (again not on diagram) which used to have two coal sheds. Half of that is ours but I wouldn't mind if she used that (there's nothing there ATM), which would only leave her with her recycling boxes and bags.

[quote Notthissticky]@WaltzingBetty thanks for seeing my POV that it's our land and she can keep her bins elsewhere. The only thing is that at some point someone paved the area where the bins are kept and put a fence around it, so it now does look a lot like a designated storage area. Not sure if that matters though[/quote]
No if the actual land is yours then it's yours
It nay have been repurposed for a period of time but you've bought it now so should be able to do what you like with it

As long as the current bin store area is your land, yes, you can tell her that unfortunately your new garden improvements will not make it possible for her to put her bins on your land any more.

As long as it is your land, and as long as you don’t fence in or make inaccessible the shared path, all fine.

It doesn’t matter what other neighbours do further down the road.

If the current bin store is within the red line of your boundary you can do what you like with it.

You can tell her that all her rights are in her lease. If it’s not in her lease, she can’t do it.