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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 840
Experience:  Solicitor with over 15 years experience.
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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: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

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.


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.


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