Here's some advice regarding your daughter's situation with her neighbor, addressing the issue of domestic right of use.

Understanding the Situation: Right of Use and Trespass

Step-by-Step Advice

The core issue revolves around the neighbor's use of your daughter's property. This involves potential trespass and the scope of any existing rights of way. Trespass occurs when someone enters or remains on another person's land without permission. The neighbor's actions – placing bins, a storage box, and hanging washing – constitute potential trespass. The existence of a "shared ginnel" (likely a narrow passage or alleyway) complicates matters, as it suggests a pre-existing right of way. However, a right of way typically grants access for passage, not for storage or other uses.

1. Review the Property Deeds: The first step is to examine the property deeds. These documents will outline any existing rights of way, easements, or covenants that might affect the property. Look for any mention of the "ginnel" and its permitted uses. The deeds should clarify the extent of the neighbor's access rights. This is crucial to determine if the neighbor has any legal basis for placing items on your daughter's property. You can obtain copies of the deeds from the Land Registry in the UK. [1]

2. Communicate with the Neighbor: Before taking legal action, encourage your daughter to speak with the neighbor. A calm and polite conversation might resolve the issue. Explain that the placement of bins, storage boxes, and washing is causing inconvenience and is not permitted. It's possible the neighbor is unaware of the boundaries or the impact of their actions. Document the conversation, including the date, time, and what was discussed.

3. Formal Written Notice: If a conversation doesn't resolve the issue, your daughter should send the neighbor a formal written notice. This notice should:

• Clearly state the issue (e.g., unauthorized placement of bins, storage box, and washing).
  • Refer to the property deeds and any relevant rights of way.
  • Demand that the neighbor remove the items and cease the unauthorized use of the property within a specified timeframe (e.g., 7 or 14 days).
  • State that if the issue is not resolved, further action, including legal proceedings, may be taken.
  • Send the notice via recorded delivery to provide proof of receipt.

4. Legal Advice: If the neighbor ignores the written notice or refuses to comply, your daughter should seek legal advice from a solicitor specializing in property law. A solicitor can review the deeds, advise on the strength of the case, and guide your daughter through the legal process.

5. Legal Options: Depending on the circumstances, your daughter's legal options may include:

• Injunction: A court order that compels the neighbor to remove the items and refrain from further trespass.
  • Damages: Compensation for any loss or damage caused by the neighbor's actions.
  • Self-Help (with caution): While tempting, "torching the bins" is illegal and could lead to criminal charges. Your daughter should not resort to self-help measures.

Key Considerations

6. Mediation: Consider mediation as an alternative to court. A neutral third party can help facilitate a discussion and reach a mutually agreeable solution. This can be a less expensive and less stressful option than litigation.

• Right of Way: The existence of a right of way (the "ginnel") does not automatically grant the right to store items on the property. The right of way is typically for passage only.
• Adverse Possession: The neighbor's actions, if continued for a prolonged period (typically 10 or 20 years, depending on the circumstances), could potentially lead to a claim of adverse possession, although this is unlikely in this scenario. However, it's important to address the issue promptly to prevent any such claim.
• Local Authority: In some cases, the local authority might have regulations regarding the placement of bins. Check with the local council to see if there are any relevant rules.

The most relevant answer part is: Your daughter should first review the property deeds to understand any existing rights of way. Then, she should communicate with the neighbor, followed by a formal written notice if the issue persists. If the neighbor does not comply, she should seek legal advice from a solicitor specializing in property law.