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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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My Neighbour has the right to put their bin on my property.

Resolved Question:

My Neighbour has the right to put their bin on my property. It is on the leasehold.
Can I either change where they put it or change it in the lease with the owner of the residential house's permission?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Could you please confirm that you and your neighbour both own a Leasehold property? If so, who owns the Freehold?
Thanks
Al
Customer: replied 1 year ago.
We are both leasehold and it's owned by The Bradford Property trust.
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
On the basis that your Lease grants your neighbour to position their bin in a specified area, in order to change the position, you will need to change your Lease.
This can only legally be done by the preparation of a Deed, which will need to be signed by you and the Freeholder, The Bradford Trust.
You do, therefore, need to approach the Freeholder if you wanted to change matters legally.
I hope this assists you and sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
So if I get permission from my neighbour, do I approach the Bradford trust? Do you know if there is a cost to this, if only rough to change the deed?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Correct- you will need to approach the Bradford Trust, if your neighbour consents.
I am afraid that as the Deed needs to be prepared by a Solicitor and signed and then registered at the Land Registry, you would be looking at the Freeholder's legal fees of approx £650-£750 plus VAT (you would have to pay this) plus your own Solicitors fees which are likely to be about the same.
So, I'm afraid it's not a cheap exercise!
Kind Regards
Al
Customer: replied 1 year ago.
Thanks, that's a great help. My neighbour changed the right of way to the bottom of my garden so I hope they will pay for half the cost, as they did that without my permission.
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards
Al
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