Certain situations could lead to fines and even legal action becuase of your bins
Where you put your bins could lead to trouble(Image: richard johnson via Getty Images)
Leaving your bins in a particular spot outside your home could, under certain circumstances, put you at risk of a fine and a legal battle with neighbours. There are millions of wheelie bins throughout the UK, with most properties having more than one to manage.
Where you store the bins on days when collection isn’t due could cause problems, potentially expensive fines, and legal issues. It all hinges on the layout of your property, whether the space is shared with others, and if the area is divided between you and a neighbour.
When two properties share a space, such as a driveway, specific rules apply. With a shared driveway, both properties have the right to use it – and both have the right to raise concerns if their access becomes obstructed.
Under the Highways Act (1980), applicable in England and Wales, a person mustn’t obstruct a highway, including a shared driveway. This covers anything that prevents someone from using their space, from parked vehicles to bins.
Local councils can issue fixed penalty notices, potentially reaching £80, for persistent obstruction if complaints are lodged and deemed valid. People could escalate the matter further and involve solicitors if the problem 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 issue an order to the homeowner found to be in breach of the law, compelling them to take steps to eliminate the cause of the obstruction, reports the Express.
How to deal with shared driveway problems
On its website, a spokesperson for Checkatrade wrote: “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.”
Can a shared driveway be separated or sold?
For those who can’t take the persistent issues with their shared driveway, dividing the space could be worth considering as a solution. Online legal platform Lawhive states that, should you wish to split a shared driveway, everyone who uses it must reach an agreement on how it will be divided.
A statement on the website read: “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.”
Seek help from a property solicitor beforehand. There may be additional factors to take into account, including potential issues that could emerge with the arrangement in future.
Lawhive adds that a buyout could also be a possible solution. However, this relies on one homeowner “giving up their right of access” which could “cause their property to lower in value”.
