Wheelie bin problem

A Law

I live in an estate with blocks of 4 houses where the middle two houses have access to their garden, from an alleyway down the side of my house and garden. I bought 5 years ago. Our bins along with 2 other neighbours are kept in the alleyway near the path.

For the last 2 years or so there has been a litter problem from the neighbours bins, one more so that the other. They overload their bin, the wind blows it open and the litter blows into my garden and around the alleyway. I have found syringes in the alley when cleaned it up, which i have done numerous times. I recently spoke to the house and she told me there was "slim or no" chance of her bringing them around to her garden and wasn't very amicable at all.

From what I remember from our solicitor we own the alleyway but have to give them right of way through it, not sure if I'm remembering it correctly however. Does this sound right? I'd like to keep on good terms with her but can't see a reasonable solution. I have kids who are starting to go outside so need a solution. Is the litter warden my next port of call or can they even do anything?

Gumbo

You need to check th ownership. If,you own it but simply allow,right of way for them to,access the garden, then surely they cannot block it with their bins. They should be wheeling their bins to their rear garden when not in use or waiting for collection.

A Law

Would I need to get onto my solicitor or could the council tell me?

the_pen_turner

if you own the property then the responsibility for keeping it clean and safe is on you.
I would secure it properly and tell them that they can only pass through your property and must leave it in a safe and clean way that the found it.

I would assume that responsibility would also cover disposal of any abandoned bins . if they were returned to the owners(bin co probably) who could argue with you

Gumbo

joefuss1986 wrote: »

Would I need to get onto my solicitor or could the council tell me?

Solicitor/land registry or similar. Council won't know.

www.landdirect.ie

A Law

It is somewhat secure, there is a closed gate halfway down but I dont lock it as they need access. The bins are on the road side of the gate. Its quite wide at the top so would require a bit of work to fit a gate and make it secure, something I'd rather not do.
Regarding returning their bins I don't think the bin company would take them back very easily so it'd be a case of leaving them outside their door and I'd imagine they'll just wheel them back

MarkAnthony

If it comes to it involve the guards.

Non-Fatal Offences Against the Person Act, 1997

Placing or abandoning syringe.

8.—(1) Subject to subsection (3), a person who places or abandons a syringe in any place in such a manner that it is likely to injure another and does injure another or is likely to injure, cause a threat to or frighten another shall be guilty of an offence.

(2) A person who intentionally places a contaminated syringe in any place in such a manner that it injures another shall be guilty of an offence.

(3) Subsection (1) does not apply to a person placing a syringe in any place whilst administering or assisting in lawful medical, dental or veterinary procedures.

(4) In a prosecution for an offence under subsection (1) where it is alleged a syringe is placed in a place being a private dwelling at which the accused normally resides, it shall be a defence for the accused to show that he or she did not intentionally place the syringe in such a manner that it injured or was likely to injure or cause a threat to or frighten another, as the case may be.

(5) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

(6) A person guilty of an offence under subsection (2) shall be liable on conviction on indictment to imprisonment for life.

Note that although subsection 4 provides a defence, that's for a jury to decide not the guards.

Brego888

Could you fix some sort of struts on the wall that hold the bins in place so they don't fall over in the wind?

A Law

Brego888 wrote: »

Could you fix some sort of struts on the wall that hold the bins in place so they don't fall over in the wind?

I've being putting blocks on the and turning them in the direction of the wind so the wind doesn't get under them but to be honest I want them out of there.

Call me Al

So you are graciously permitting them to leave their bins there but really you are only obliged to allow them use the alley for access to their back gardens? They could store their bins in their garden until collection time?
But one of your neighbour's is now abusing your good nature and allowing their rubbish, including hypodermic needles, blow around on your property?

I think I'd be pushing their bins back to their front doors until they got the message that they also have responsibilities here.

A Law

I wouldn't quite make myself look like such a good Samaritan! I was hoping someone else knew what the situation was with the alley way before I start doing anything with their bins. I'm not 100% sure but kceire pointed me in the right direction .

stoplooklisten

Surely the right of way should be kept clear for fire escape etc ?

Spanish Eyes

You need to find out if it is a right of way into their back gardens (where they should store their bins), or a storage area for bins. If storage area is it only behind the gate?

I would be a bit miffed myself. Neighbours can be from hell or heaven, and it is not a pretty thing when they drive you mad.

You need to get your ducks in a row and find out exactly what your deeds say re the alleyway. Landirect or a visit to the Land Reg for a copy of your deeds might be in order.

A Law

Only got my hands on a computer today to visit landdirect, wouldn't work on my phone. I've attached the photo. My property is the one with the mouse on it. The alleyway is to the right of and the house is shaded. Her housd is second to the right of mine. It seems to confirm what I thought?

I can purchase the folio for €5. Would this show me much more than what I can see regarding boundaries or is this proof enough? Just want to make sure I have everything I need before I talk with her again. Thanks for all the input so far as well, invaluable.

Michael D Not Higgins

joefuss1986 wrote: »

Only got my hands on a computer today to visit landdirect, wouldn't work on my phone. I've attached the photo. My property is the one with the mouse on it. The alleyway is to the right of and the house is shaded. Her housd is second to the right of mine. It seems to confirm what I thought?

I can purchase the folio for €5. Would this show me much more than what I can see regarding boundaries or is this proof enough? Just want to make sure I have everything I need before I talk with her again. Thanks for all the input so far as well, invaluable.

I'm not an expert by any means but it looks like you and your next door neighbour own the access to her back garden and she has a right of way. That doesn't entitle her to leave her bins on your property.

April 73

Looks to me like you own the alleyway. There may be something that allows her right of access to her garden but that doesn't mean she has the right to store her bins on your property.
Tell her that you didn't object in the past because there was no need to. However now that rubbish and syringes are being found in the alleyway which is your property & responsibility you are no longer willing to accept other people's bins being stored on your property.

confusticated

Buying the folio will give you a list of rights of way (if any), but the boundary is what you see there, so you won't get any more info on what is owned by whom. I think that should be on your deeds as well though if you have them? Likelihood is that there is a right of way to the registered owner of the other house but may not be, worth checking I'd say.

aw

Usually, if there is a right of way in place, it is indicated on the LandDirect maps by yellow shading.
It doesn't look like this is in place on yours so there is a chance there may not actually be a formal right of way in place.

The above may not always be the case as it just could not yet have been marked online.
And even if it isn't your neighbour may be able to challenge it.

It would be worth spending the 5 on your own folio and perhaps even on your neighbour's folio.

If no right of way is mentioned on those - give them notice to clean up their act and if nothing changes, lock that gate.

A Law

Update: Went back down to the neighbour, told her I contacted the land register and the alley was part of our property. Much more cooperative this time and moved them there and then. Maybe she had looked up herself hence no argument. Thanks to all for the advice.

Parchment

joefuss1986 wrote: »

Update: Went back down to the neighbour, told her I contacted the land register and the alley was part of our property. Much more cooperative this time and moved them there and then. Maybe she had looked up herself hence no argument. Thanks to all for the advice.

Delighted for you! if only all neighbourly disputes ended so easily!

April 73

Good stuff. Well done.