Leaving your bins in a certain spot for too long could, in certain circumstances, leave homeowners at risk of a fine and a legal battle with neighbours. There are millions of wheelie bins across the UK, with most homes having more than one to manage.
Where you keep the bins on days they are not due to be collected could lead to disputes, potentially costly fines, and legal issues. It all depends on the layout, and whether the area is shared with others and if the area is shared between you and a neighbour.
If two homes share a space, like a driveway, there are rules to follow. With a shared driveway, both homes have the right to use it - and both have the right to complain if use of their space becomes blocked.
Under the Highways Act (1980), which applies in England and Wales, it says that a person shouldn’t obstruct a highway, and this includes a shared driveway. This applies to anything that blocks someone from using their space, from parked cars to storing the bins.
Local councils can issue fixed penalty notices, potentially up to £80, for persistent obstruction if complaints are made and found to be valid. People could take it further and involve solicitors if the issue persists.
The law states: "If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway, he is guilty of an offence and liable to imprisonment for a term not exceeding 51 weeks, or a fine, or both." A court may grant the homeowner in breach of the law an order requiring steps to remove the cause of the obstruction.
Checkatrade says: "Some shared driveway disputes are easily resolved, but others can take a little more work. Before you do anything to resolve a driveway dispute, it's best to ensure you fully understand your rights to shared access to the driveway.
"Any express rights to the shared driveway will be laid out in your title deeds, so make sure to brush up on these. You may also have prescriptive rights if you've been continuously exercising a right of way over your neighbours' land for over twenty years.
"If you're not 100% sure what your rights are, it's best to get the help of a solicitor who can give you bespoke advice for your circumstances. Once you're clear on your legal rights, here are some steps you might want to consider taking."
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If people are facing constant issues with their shared driveway, they might want to consider splitting the space to resolve the problem. Online legal platform Lawhive claims that if you want to divide a shared driveway, everyone who uses it must agree on how it will be divided.
A statement on the website reads: "Most importantly, there should be enough space for each property to have its own driveway for at least one car without restricting access for others. Then, the title deeds should be amended as well as deeds of easements, including changing the boundaries of the property in line with what you’ve each agreed."
Get advice from a property lawyer first. There might be other factors to consider, including problems that could arise with the agreement further down the line.
