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Are businesses in the UK allowed to leave their bins on the footpath?

I live next door to a shop. They have a big yellow refuse bin at the back of the shop, on the footpath in the corner of my property and theirs. I have been putting up with it partially blocking access to my gate for ages. Recently the managed to push the top few courses of the brick wall off. When they open the bin they lean the lid on the wall adding to the walls instability. They are refusing to move it. What legal rights do I have? How can I make them shift it?

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I'm in the US, but common law here is derived from UK law, so I imagine it's similar. There are two issues: first is the encroachment on the common footpath, which may be a public way, so the town should be able to resolve it. The more important one is the trespass onto your propety when they open the bin. Since they have actively entered your property and caused damage, you have a civil cause of action against them in equity. I don't know how the courts there work, but you will probably need a solicitor to state your claim.

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I am not in the UK so can't give you specific advice, but when there's a dispute like this a good first step is to call your local courthouse, town hall, or local center of government, explain the situation, and ask to be directed to the appropriate department. If they have caused damage to your property, and/or created a safety hazard with that wall, those are additional issues.

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