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Alleyway being blocked by Dumping of Bulky Items by neighbours

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  • Alleyway being blocked by Dumping of Bulky Items by neighbours

    I have a small terrace property in a row of several terraced houses in a new build es******tate. The houses have an alleyway running at the end of the back gardens.

    It is my understanding that each house owns the section of alleyway at the end of their back garden.

    My property is at the very end of the alleyway.

    The owners are mainly private landlords with one house which is next to mine owned by a housing association and one owner occupier.

    Unfortunately, the alleyway is being used by a few of the neighbours to dump stuff like sofas, mattresses, washing machines and other bulky waste and is completely blocked. The allyeway is also overgrown.

    I have a large tree, with a TPO, in the back garden which needs urgently pollarding because of the height, however tree surgeons won’t do it because of the lack of access via the alleyway.

    I’ve been onto the council to report the waste dumping but the council, having checked the land registry, say the land belongs to the houses and the owners are responsible for clearing the waste. The council have said that will clean it up but will charge for this service which I'm ok with. I’ve tried to talk to some of the neighbours about dividing the costs but they don’t seem very interested.

    Ideally I’d like to get the council to serve a notice on all the property owners affected to clean up the alleyway by a certain date. I’ll happily contribute an equal share for the cleaning even though others have generated the waste but the council cleansing dept don’t seem to be particularly interested and have told me to take the neighbours to court myself which I obviously don't want to do.

    I'm also reluctant to pay for it all myself as the neigbours will no doubt take advantage and repeat the dumping.

    The council cleansing dept have referred me to planning enforcement although I’m not sure how far I’m going to get with them.

    Any advice appreciated as to how I can get the council to force the owners to clean up the alleyway and divide up the costs?
    Tags: None

  • #2
    If you have a right of way over the alleyway, then you can take legal action against the other owner(s) in question requiring obstructions to be removed and court orders to keep your right of way clear.

    The first thing you need to do is to look at your Land Registry title document and those of the other owner(s) to check that your property benefits from a right of way. You can obtain Land Registry title documents online for £3 each.

    As to forcing the council to take action, good luck.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      If checking on line, beware scam sites and only use https://www.gov.uk/search-property-i...-land-registry

      Comment

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