Neighbour disputes

[zoester]

I'm wondering whether anyone can help here or can offer their opinion on a neighbourly dispute we are having.

We have just moved into a ground floor flat on Upland Road. We own the back garden, the freeholder and owner of the flat above own the front garden. They have cut their front garden in half by erecting a wooden enclosure which provides a separate looking walkway for us to access our front door (there is not a shared front door). They store their bins on this 'walkway' to our front door.

To date, there haven't been any problems other than the fact that the freeholder lets the property out to 3 boisterous people that come in and out at all times of the night, pound the stairs and seem to spend most of the evenings dragging furniture along the floor. We haven't complained about that by the way!

However, today, the freeholder, completely out of the blue has informed me that we are no longer permitted to keep our bins on the walkway leading to our front door. This poses a problem for us as if we pull the bins into our side gate; I will not be able to fit a buggy through so the bins will need to sit in our garden which attracts foxes and is less than ideal with a puppy and a cat roaming around outside. It also just seems unreasonable, if their bins are there, is it really so out of the question that ours are kept there too?

And on that note, when the bin men come and put the neighbours bins back messily thus blocking our access to our own property, is it not their responsibility to ensure that their bins are moved rather than us constantly doing it for them? We can be pedantic too!

Would appreciate some outsider perspective on this, in my opinion, yes they technically own that land, but we have right of access to it, they do not look at it, or use it other than to put rubbish in their own bins, their actions just seem pedantic and hostile. I own my garden land, I am sure they wouldn't want a structure erected in the back that said a big F*ck You every time they looked out their living room window. What has happened to friendly neighbour decency?!

[worldwiser]

If you've just moved in, I would go back to your solicitor for clarification on your rights in this situation. It will have been incumbent on them to establish storage arrangements for refuse at the property. And given the FH has created a dedicated walkway for your property (and presumably allowed previous owners to store their bins as you have done) you may well have a case to insist they continue the practice or that they are wrongly interfering with the property's easements.

[IlonaM]

I agree with worldwiser to go back to your solicitor. Easements etc should be covered in your lease.

Another source of information and advice is LEASE with a helpful website and telephone advice line: www.lease-advice.org

[zoester]

Thank you, that?s helpful. There is nowhere else to put the bloody bins and there is space in this little enclosure where theirs are for ours too. Crazy!

[IlonaM]

I hope you sort it out soon. There's enough to do when you first move in without worrying about the bins...

[KidKruger]

I?d check the deeds first yourself. If there?s something there that backs you up then great, else it?s maybe time to start racking-up cost by contacting solicitor.

[zoester]

Our lease says that we are permitted to keep one bin there, but this was written well before the council were requiring separate bins for separate things so I?m hoping that we can challenge it on that basis. If it continues I will be trying to find a way for their bins to have to be moved as well. There is no way I?m parking a pram and baby up on the road unattended while I move their bins back into position after collection day just so that I can access my front door. They might want to be introduced the concept of give and take.

Thanks everyone! Hope you all have more civilised neighbours than we do. We had heard so much about the East Dulwich sense of community when we were looking to move here, it?s a shame to have had such an early spur experience.

[intexasatthe moment]

I'd be inclined to ignore the new instruction and carry on .

Let the freeholder go to the expense of trying to legally enforce his request .As above it's likely that you have right of access and the right to put one bin . It's also likely that the one bin restriction applies to upstairs as well .

Copies of your lease ( if not supplied by your conveyancer /slcr on purchase ) are available for a few pounds from

https://www.gov.uk/guidance/land-registry-portal-how-to-request-official-copies. You can also get a copy of the lease for upstairs .

From memory it's a bit clunky jumping through the hoops to get lease copies ( title deeds and plans are easy ) ,if you want any help fell free to PM me .

This forum https://forums.landlordzone.co.uk/forum/long-leasehold-questions is helpful .

Also this https://www.lemonfool.co.uk/viewforum.php?f=2

[Jim1234]

Just use their bins? 3 flats in my building and no one owns a particular bin.

[El Presidente]

Seems minor

[Sue]

El Presidente Wrote:

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> Seems minor

You think it's minor that somebody has to leave their baby unattended in a public place while they go and move somebody else's bins?

Doesn't seem minor to me.

It's stressful enough moving house without having an issue like this on top of it.

Hope you sort it out soon, OP.

[Sue]

Jim1234 Wrote:

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> Just use their bins?

:)) :)) :))

[zoester]

Thank you everyone really appreciate the comments and feedback!

[El Presidente]

Sue Wrote:

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> El Presidente Wrote:

> --------------------------------------------------

> -----

> > Seems minor

>

>

> You think it's minor that somebody has to leave

> their baby unattended in a public place while they

> go and move somebody else's bins?

>

Yes.