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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a semi-detached property with a path which provides access,

Resolved Question:

I own a semi-detached property with a path which provides access, at the rear, to the next doors property. They have started putting bins at the back of my house under my windows claiming that because they have access the path is theirs to do with as they wish. How can I prove to them they only have right of way and what can I do to have the bins removed - can I remove them myself?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you have the precise wording of the right that has been granted to them? it should be on the registered title for both your propety and their property?

If you do not have the specific wording, are you certain that the right is only for access and not for storing bins?

Kind regards,

Tom
Customer: replied 1 year ago.

I don't have the wording but the place they are placing the bins are between the back of my house and my garden - the walk way doesn't provide any more room than the bins and they have only recently started putting them there so that they have more room in thier garden.

Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins please.

Kind regards,

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

In the first instance I would download a copy of the register for your property from the land registry's search engine to find the title number :-
http://www.landregistry.gov.uk/wps/portal/Property_Search
Enter the postcode for your property and if it is registered it will give you the option to download a copy of the register.

The right in favour of your neighbours should be noted on the first section of the registered title. If the right is not listed there then there may be an entry on the title which states that the land is subject to certain rights contained in an earlier conveyance. If so, you should call the land registry and ask for a copy of the conveyance.

Once you have found the specific wording of the right and have established definitively that they do not have the right to leave the bins where they are then you can go about enforcing this.

In the first instance I would write to them attaching a copy of the right and how it is worded. You should state that they have no such right to leave the bins where they are and if they are not removed within a reasonable time (eg. 2-3 days) then you will remove them yourself.

You should state that they must not place the bins there anymore otherwise you will take enforcement action which may include either ceasing their access due to the abuse of the right and/or making an application to county court for an injuction against placing the bins there will a money claim for your legal costs.

They should sort themselves out at that point.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6590
Experience: BA (Hons), PgDip, Practising Solicitor
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