Neighbour Dispute over Bins

[Tony-Edwards]

Hello

I could do with some guidance if anyone has any knowledge on this.

I have a 100 year old flat that was split from a larger building in 2000 and has a 999 year lease, it is next door to a commercial premises.

The only way to get to my flat is across their yard and my lease give me rights to do so across there whole yard area. Another flat has the same rights on there lease but they do have a door to get in/out without needing the yard access (it is more of an escape option in case of fire perhaps).

For at least 20 years and probably 50, the rubbish bins for my flat have been placed close to the road but on the actual yard.

A new owner for the commercial premises has decided after being there 2 years that I cant place my bins there for collection (basically 1 morning a week for green bins and 1 morning every 3 weeks for larger bin) - he says the bins could damage his car, which he's parked there for 2 years without any concerns..

There isn't anywhere else for the bins to go other than on someone else's land.

The commercial owner has locked the gate from the other flats access route across the yard, so they cannot get in or out that way if they needed to.

The new owner has said its his land and he will do what he wants.

What do you suggest to resolve it? we have got to the stage of not speaking now.

I was told because the yard has been used to store the bins for 20 years, we have a legal right to continue. Is that right

[Gordon999]

Make application to local Magistrates Court for order on commercia owner to give rear door access on bin collection day .

[vmart]

Is there a restrictive covenant in the title of the commercial-property owner (CPO) giving you and the other lessee a right of way over the land?

Is the CPO a freeholder or leaseholder of the land?

With regard to the point related to '20 years' you are referring to adverse possession. If you have a legal right of way this is not applicable. In any event, adverse possession requires use for 20 years without permission and your post suggests use was with permission.

You probably need to undertake further research and obtain a copy of the title from the Land Registry before determining next steps.

[royw]

Can't you leave them on the road for collection?

[Tony-Edwards]

The Lease..........

(20.05.1997) By a Conveyance of the land in this title and other land dated 15 July 1977 made between (1) xxx (Vendor) and (2) xxxx (Purchaser) the land was conveyed subject as follows:-

Subject to all existing rights and privileges in the nature of easements or quasi-easements as are at present enjoyed over the property hereby conveyed."

(06.02.2002) The land is subject to the following rights reserved by a Transfer of the land in this title dated 31 October 2001 made between (1) yyy (Transferor) and (2) yyyy (Transferees):-

"(a) There is reserved from this Transfer for the benefit of that part of the land in the above title not hereby transferred ("the Retained Land") a right in common with the Transferees and all other persons having the like right at all times and for all purposes with or without vehicles to pass and repass over and along the yard shown coloured blue on Plan No. 1 ("the Yard")."


The Lease gives us access across the land - by foot or by car.

Could I assume that I would have the right to drive my car onto the land (the yard), unload my shopping and then remove the car? If so, the new owner is making even that impossible by blocking most of the access with his car being parked there. I dont have any cause to drive on there but it is another "right" that is being taken from both me and the other flat owner.

The yard has been fenced in part to make a garden area for his dogs - and that's the part where he's locked the wooden gates to stop the other flat owner from getting in/out of their property (thankfully they do have another access).


The bins have been placed on the land nearest the road as required by the Council and refuse company - that's happened for a very long time and at least 20 years (probably 50) - and its that which he has suddenly taken offense to.

I have since read that I have the benefit of a "prescriptive easement" based on that 20+ years of use to place the bins there.