How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

The passageway between our house***** Poulton-le-Fylde,

Customer Question

The passageway between our house***** Poulton-le-Fylde, Lancashire and our neighbours in*****is part of our property which ends at the gable wall of 75.
Under the terms of an easement dated 19 May 1920 as incorporated in the deeds to our house, the owners of 75 have a right of way 3 feet wide from the footpath of Station Road to the rear gate of their property.
Our neighbours insist on leaving their wheelie bins (4) and other waste containers (2) on the right of way despite our having consistently requested that they refrain from this practice for some time. This action has the effect of blocking the right of way completely which means that to walk to their back gate they have to walk outside the right of way and “trespass” on our land.
Our neighbours have a large number of cats and they dispose of their waste in the Council wheelie bins. Because the Council operate two weekly collection cycles, the smell from their bins is frequently appalling.
We have asked them on many occasions to move the bins to their own property but they refuse.
We consider their actions to be harassment (we are both over 70, they are both about 50) and would welcome your opinion as to future progress of sorting this matter. Our family solicitor has advised no action in the past “just keep trying to persuade them” but this has not worked. Both my wife and are becoming ill with concern over this matter and therefor wish to have the matter settled quickly. Do you think that an injunction would solve the issue?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a solicitor with 20 years experience. I will try to answer this. They have no legal right to leave their bins on your lsnf even with the right of way.

Customer:

However I do not think that getting an injunction is a practical option. The harm you are suffering is unlikely to be viewed as serious enough to merit an emergency injunction and you would therefore need to issue proceedings in the court and wait until the final trial of the issue to try and seek an injunction which might well be granted then. It would be very expensive to do this. But even if you did it would be hard to enforce.

Customer:

I think your family solicitor is right and that isn't something to pour money at in legal costs.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions