Hello, can anyone help with who I would talk to for fly tipping in pathway

[rosemary50]

  I'm not sure where to ask but

 

our houses have a pathway behind our house to access gardens but someone is fly tipping items that impede and sometimes block our path entirely. 

 

My neighbour said that they talked to council but they could do nothing as it is private land. 

 

Is it the owner of the land's responsibility to keep rights of way unobstructed? 

 

It is confusing, I have searched and found rights of way that mentions repairs and maintenance. 

 

Is maintenance the right way to describe clearing an obstruction? 

 

Sorry if I'm not making sense or this is not the right place to ask. 

 

We cannot afford to keep paying someone to clear the waste and I can't do it myself. 

[BankFodder]

I'm afraid that it's very likely that it's your responsibility.

If you are able to find the person responsible then we can help you take a vigourous action against them but unfortunately once the stuff is on your land, then it's probably down to you.

 

Does this look like some industrial dumping – in other words somebody who is paid to dispose of material but find it cheaper to dump it on your property? Or does it look like somebody has been clearing their house?

Two things that I can suggest:
first is that you go through the things that have been dumped fairly carefully and see if there is ever any evidence of the source of it.
Second is that you find a way of putting up a motion sensitive video camera in a place which will record the dumping occurring – and of course vehicle registration numbers. It is fairly easy nowadays to get a video camera which will work on battery and which will either store footage on a self-contained memory card or even better, will connect to your Wi-Fi connection or to your neighbours and then transmit any footage directly to you.
These cameras will also generate an alert on your telephone.
A decent camera – not too expensive – even be able to take pictures fairly well at night time.

Additionally, I would start taking photographs of anything that is dumped before you remove it so that you got a good file information and evidence so that if you do manage to discover the culprit, then it won't only be in relation to that particular dumping incident but also you will be able to attack them in respect of all of the items have been dumped to date.

Maybe like to take a couple pictures now of the items which have been dumped and post them up here so we can understand the extent of the problem.

I'm sure it's a nightmare and whoever is doing it is a complete pig.
 

[dx100uk]

It there was a fire at the rear of any properly, is the path wide enough (without) the dumping and could a fire engine use it as access to a fire?

 

 

[Ethel Street]

Who owns the pathway behind your house? Whoever it is probably has the duty to keep it clear so that you can use it (although they might argue that the flytipping that has happened doesn't actually block your use of it).

 

It might be that the pathway is jointly owned by the owners of the houses. In which case I'm afraid that it's down to you and the other householders collectively to keep it clear.

 

Although the council doesn't have  a duty to clear flytipping on private land if the the rubbish creates a public nuisance or health hazard they can require the land owner to clear it.

 

 

[rosemary50]

It is mostly bits of old furniture like drawers and cabinets. Clear out sounds like but if it is the same person they do it a few times a year! I will try taking pictures as a log. 

 

The path is just over a metre wide for right of way on foot for the houses. I would be most impressed if a fire engine could enter but would they get out again?!

 

The path is owned by someone. If we identify the owner what do we tell them? Is there some bylaw or legislation we tell them is being infringed? If they don't think it is important would we be looking at legal letters? It would be good to know this information as it might make everyone pay for a camera if we get nowhere with the owner.

 

Thank you all. Rose

[dx100uk]

So no fire access then... cant pull that string.

 

is the dumping near to where someone could park up and carry the stuff in?? My thoughts lie with if its not, then its one of the other residents

 

If you knew who then a letter to the landlord about them breaking their tenancy rules might be a possible move..

 

[rosemary50]

It is mostly about 10 metres from you can park on the road side. I'm fairly confident my neighbours are innocent. 

 

I feel like a little detective now. ‍

[dx100uk]

its unusual for fly tippers to carry anything, they just goto where they can dump and run esp big stuff like you say cabinets etc.

 

trail cameras that last for 6-8 weeks before the batteries go flat and need charging/changing and are stand alone, cost about £30 upwards and are even in lidls and aldi etc.

 

i use several in the woods here on motion activation, 

[rosemary50]

Ooh I'll have a run down to an Aldi and Lidl. Thank you for the tip! 

[stu007]

Hi

 

Check Aldi & Lidl Website first before making your trip.

 

If your Properties are Home Owners please check your Title Deeds to see if there is anything in there about this path.

 

If your Properties are Private Let/Social Housing please check your Tenanct Agreements to see if there are any clauses about this path.

[Ethel Street]

10 hours ago, rosemary50 said:

IThe path is owned by someone. If we identify the owner what do we tell them? Is there some bylaw or legislation we tell them is being infringed?

 

If you have a legal right of way (which ought to appear in your deeds/registered title at the Land Registry if you own your house) the legal issue is that the flytipping is preventing you exercising your right of way. I wouldn't get into legal stuff initially, just explain that rubbish has been dumped by unkown persons that is blocking the path, please can they get it removed

[Homer67]

This sounds very much the same as the alleyway I have at the side and rear of my property, I had the same problem, mostly with dog walkers dumping poo bags and people using the area as a toilet and rubbish dump.

 

After some digging I found that the land on the alleyway is owned by a Trust born from the builders of the estate in 1938 and the land is classed as private (so local Council will do nothing).

It is mentioned on everyone's deeds (so check yours) as shared land for access to rear and side of abutting properties and there is an easement in place for all abutting properties to have unrestricted access. This does not stop people blocking it from time to time with rubbish and on one morning I opened my garage door and found a skip dumped outside it - that was moved sharpish after I went round and banged on the door of the people that had hired it.

 

I cleaned the alleway up and improved the surface to my garage as I wanted to use it for vehicle access and I installed CCTV, which, after a number of years (and objections, even had the Police called on me for 'invading privacy'), has resolved the issues and very little anti social behaviour now goes on - word got round if you do something in that alleway you will end up on Youtube!

 

I am the only one who maintains the alleyway but several neighbours now use it as it is accessible and clean.

 

If your flytipper is persistant I would suggest a letter to them asking them to move the obstruction to your right of way or you will have to take legal action, that won't be too difficult to do but be prepared for the backlash - I don't care what people think of me but I have had some very nasty things said about me in the neighbourhood, which people who actually know me have told me about and objected to.

 

The episode of the Police was hilarious, I caught the same people dumping dog poo bags in the alleway outside my garage door deliberately on several occasions, I didn't know who they were, they didn't look that young to me and I posted the footage on Youtube to shame them.

Subsequently a nieghbour a few doors along called the Police and reported me for filming minors and posting the videos, Police called round and I asked them what offence I had commited and they mumbled about invasion of privacy to which I pointed out that although it's private property it is shared space and there is no right to privacy in shared or public spaces.  I also pointed out that there are no laws governing domestic CCTV in the UK so there was nothing they could do - however there was a recorded offence of dropping dog poo which is illegal on or off of private land.  The Police couldn't wait to get out of my house as I told them to go and deal with the only offence that had been commited.

 

Shortly after that the neighbour and her kids started posting on my Youtube channel that I was a paedophile filming her kids (18 and 14 at the time although they looked older to me), they also talked to other neighbours and said the same (some who know me told them they were out of order), I provided the malicious posts to the Police and hoped they would tell her to stop, I blocked their accounts and saved their nasty messages for the future should I need it.  Police did nothing.

 

Oddly enough this neighbour is one that uses the alleyway now it's open and clear and they have even built a garage which they drive down to regularly.  I used to clear up to their garage because I was friendly with an OAP whose garage was opposite theirs, but he died, so for the last 18 months I have not cleaned beyond my immediate neighbour's property line and it is now so overgrown they can't access their garage!

 

Shot themselves in the foot there.

Edited July 8, 2021 by Homer67
many typos!

[Homer67]

Forgot to add that the Council did intervene on one flytip which was identified as asbestos, I reported it to them and they sent an inspector who confirmed it was asbestos and identified where it had come from (a shed roof had been replaced in the abutting property), I am led to believe they gave the property owner a limited time to clear the asbestos or receive a fine and it was cleared. The laws about asbestos dumping seem to trump any land ownership issues.

Edited July 8, 2021 by Homer67
typo

[rosemary50]

All very helpful. I'm so glad to hear that it can be tackled. I'm happy to hear that you got there in the end Homer! Bless you. I'm going to double check the deeds and work with my neighbours collectively. None of us need any harassment. The police should be ashamed of themselves! 

[Manxman in exile]

On 07/07/2021 at 22:11, dx100uk said:

So no fire access then... cant pull that string.

 

...

 

 

 

Depends.  We have a path/alley at the back of our terraced house that gives access to the back garden.  If there were a fire in our property and we could not get out the front door, our only escape route off the property is to the rear down that path/alley.

 

I don't think it matters if the fire service can access or not.