Neighbour on waterfront using my land to put 3 garbages

I recently purchased a property.the neighbour using the right of way thru my property has been using my land to put 3 garbage bins. I have mine at my garage door I wish to use the space he is currently using.
Presume it will create a conflict what are my rights. my lawyer said "he can't use your land"
would the conflict end in a legal case I I don't have the neighbours money.
or is it automatic that he move the bins?

 

Do you have a copy of title that shows who the land belongs to (not an agents representation of what you think you purchased) ?

In NSW a ROW allows access for an adjoining occupant(s) to use that assigned area to "travel over without stopping"(to transverse over).

So if you have proof that the land in question is legally owned by yourself then it's just a simple conversation with "did you know that you are storing your bins on my property" with "could you please remove them to yoir property? ", it could just be as simple as they had a deal with the previous owners so they didn't have to drag their bins all the way back up/down each week.

Or just fence that area off next time they put the bins out

 

Yes I have title my land ends in middle of right of way definitely my land never met the neighbour . So there is no law that if they have been using for set time it becomes their right to use.that’s what I’m worried about if I continue to allow

 

That would be adverse possession, that requires "maintaining" (and possibly fencing off) the area, basically proving you have taken an area, used and maintained it for many years, also isn't an easy process !
So you would be well within your rights to say to the neighbor "sorry, I'm not sure what your arrangement was with the previous owner but I want to use that area of my property for MY BINS"

If you don't want to be confrontational just pop a nice letter in their mail box, hopefully that's all it takes

If you want to upset them then take their bins on bin day and put them the next street over

 

Just knock in their door with a 6 pack / bottle of red / box of chocolates and say hi. Have a chat and work it out. Unless you have psycho neighbours it should be fine.

 

I think bar green is being taken for granted. What kind of a mug uses someone else’s property without permission? I’d slip a friendly note in his letter box.

 

Just move the bins onto his property or elsewhere and use it.

There's a very very long list and line of Mugs just waiting for the opportunity in my experiences with vacant land or large blocks...

 

My previous neighbour. They had a car parked next to their drive way, 3/4 of it was on our land next to a small shrub, which we removed. After we bought the property we asked if they could please park elsewhere.

Meet my psycho neighbours. They went off their rocker. Had been parking there for years, as the large divots made by the car showed.

 

Fixed

 

There is a law that this can occur, its called a prescriptive easement (lost modern grant). It differs from adverse possession in that you will still own the land, but an easement is granted that allows the user to keep on using the land for a purpose. Its where a user has been using land for over 20 years for a purpose, like services assets, or a walkway/access etc, then the user can apply to the courts for the creation of an easement on title for that use.

Not sure if your situation would allow this, as the neighbour will have to have been doing this for 20+ years, and the cost of the easement creation i would imagine would be expensive, but there is a law which could in theory allow it to happen.

 

Next time the bins go out , I’d get out once they’ve been emptied and take his back and leave them on his land and put yours where his were , or maybe park a car there ..

cliff

 

lol...you speak to a lawyer, and all of us before talking to them ?

odd

so far the problem is you, prior owner seems may have had no issue, or, maybe that is why they moved. find out !