Law-Forums.org

[eilis]

My new neighbours have moved the location of their wheelie bins from the front of their building (which is where everyone in the street stores their bins), to their backyard. The problem is that the new position is flush against the fence we share, which sits less than 1m from our living room windows. 

The bins smell, we can't open our windows if the day is breezy as it carries the smell to us through our living room window. About a month after they relocated their bins, we had a mice problem with mice coming through our kitchen window, on the same side, about 2m from the bins. 

I have requested a few times in for her to consider another location, in a few emails but she has refused to move her bins. All the other areas of her backyard do not have neighbours so close, so if she chose another spot, it would not affect anyone else. 

I called the council, and they were sympathetic and attempted to try to persuade her to move her bins but she said as its on her property, that she can put them where she wants. The council said this is a civil matter and that if the bins were on council land, that they could insist she move them.

Everybody in the street stores their bins in the front of their buildings, so I don't see why she can't also store them at the front. She said she doesn't like the 'look', yet she is affecting our life with this change and all my emailed polite requests are rejected or ignored. 

After some research, I found that my situation relates to the common law principal of Nuisance, where one person interferes with another persons enjoyment of their property and typically occurs where smells, pollutants or noise on one property affects the adjoining property.

Has anybody taken a situation to court? Do I have to 'prove' they smell? Magistrate knows bins smell right?

It's winter now but I am concerned for when Summer hits. My husband recently went through treatment for cancer and I am very aware of environmental toxins and we take a lot of care with chemicals and food, but she insists her bins don't smell. What now?

(I am not going to take her bins or destroy her property, this is not an option, nor how I operate, I need real advice here)

[mate]

My new neighbours have moved the location of their wheelie bins from the front of their building (which is where everyone in the street stores their bins), to their backyard. The problem is that the new position is flush against the fence we share, which sits less than 1m from our living room windows. 

The bins smell, we can't open our windows if the day is breezy as it carries the smell to us through our living room window. About a month after they relocated their bins, we had a mice problem with mice coming through our kitchen window, on the same side, about 2m from the bins. 

I have requested a few times in for her to consider another location, in a few emails but she has refused to move her bins. All the other areas of her backyard do not have neighbours so close, so if she chose another spot, it would not affect anyone else. 

I called the council, and they were sympathetic and attempted to try to persuade her to move her bins but she said as its on her property, that she can put them where she wants. The council said this is a civil matter and that if the bins were on council land, that they could insist she move them.

Everybody in the street stores their bins in the front of their buildings, so I don't see why she can't also store them at the front. She said she doesn't like the 'look', yet she is affecting our life with this change and all my emailed polite requests are rejected or ignored. 

After some research, I found that my situation relates to the common law principal of Nuisance, where one person interferes with another persons enjoyment of their property and typically occurs where smells, pollutants or noise on one property affects the adjoining property.

Has anybody taken a situation to court? Do I have to 'prove' they smell? Magistrate knows bins smell right?

It's winter now but I am concerned for when Summer hits. My husband recently went through treatment for cancer and I am very aware of environmental toxins and we take a lot of care with chemicals and food, but she insists her bins don't smell. What now?

(I am not going to take her bins or destroy her property, this is not an option, nor how I operate, I need real advice here)

Maybe the town health department? I'd personally fill her bins with water, that may make her consider another place for them. :-)