Reimbursement for Disposal of Property?

[Bstairs]

I am separating and the other party has countless items in the house and appears unwilling to remove them. This includes multiple heavy boxes of newspapers, books, etc.

As I cannot leave them, do I have any claim to have them disposed of and then charge back this cost to the other party? Perhaps through a small claims process? If so, are there specific laws on which I could rely to support my case?

Thanks

[efpom]

Does the 'other party enjoy a right of occupation of the dwelling?

[Bstairs]

Does the 'other party enjoy a right of occupation of the dwelling?

Hi Efpom, they have periodic access to the dwelling to collect items they want. These items are not what they want, but are their property (from previous employment etc.) Where do I stand here? Thanks.

[efpom]

If a right of occupation exists, you are not entitled to dispose of any of the 'other' party's property.

If no such right exists, then, on suitable notice, you are entitled to dispose of that property, by sale by auction - any profit is to be given to the other party, and any loss is a claim against the other party.

[Bstairs]

Hi Efpom, they have periodic access to the dwelling to collect items they want. These items are not what they want, but are their property (from previous employment etc.) Where do I stand here? Thanks.

OK, thank you for the reply Efpom. I will look into the 'other party's' rights in this regard.