People are throwing trash in my container. How can I stop that?

We moved into this house last year and the property is in need of major renovation.

While we were working we had to use a couple of dumpsters. The dumpsters are always in our driveway.

We live on a busy road and every time we get a skip it is full of other people’s rubbish. We have had everything put in it from dog poop bags to an old radiator. It is disgusting and annoying.

Are there any rules against this kind of thing? What can we do to prevent this and solve the problem?

Jane Denton from This is Money responds: It is beyond me why some people think they have the right to throw disgusting dog poop bags full of feces everywhere, including in your garbage containers.

If someone empties a radiator, it can be dangerous. Therefore, check regularly that no other hazardous substances or chemicals end up in your containers.

Since this happens regularly, you may want to consider installing CCTV on your property to capture the perpetrators in action.

There are also heavy duty tarpaulins available which can help prevent larger unwanted items from being thrown in. Strong motion sensor lights nearby can also help deter culprits working at night.

When your containers are delivered, make sure you are ready to fill and remove them as quickly as possible. Unfortunately, the longer an empty container sits, the more likely it is to be filled with other people’s waste, even when it shouldn’t be.

In your case this is not possible, but if it is feasible, it may be useful to place a container out of sight.

Unfortunately, unless you can track down the offender or offenders, you will be responsible for cleaning up their waste.

Joanne Ellis, partner and dispute resolution specialist at law firm Stephensons, said: The unsolicited use of containers and even wheelie bins on private property is an increasingly common problem. In the waste industry this is even known as ‘bin stuffing’.

First of all, we would like to emphasize that this is considered antisocial behavior and is illegal.

As a first point of contact I would always recommend speaking to your local council, they may be willing to help but will usually only investigate issues on public land rather than private land.

However, municipalities do have the authority to take measures against anyone who dumps household, commercial or industrial waste.

If found guilty, an offender can face up to five years in prison and an unlimited fine. Courts can also order the offender to pay the costs associated with removing the waste.

You can also choose to bring a private lawsuit under the Environmental Protection Act 1990. This is the law that the Environment Agency would use to bring a case.

Waste collection authorities also have the authority to impose fines.

Because the skip is on your driveway, and assuming your driveway is private property, anyone who enters your property is committing a violation. Items left on your property are also known as trespass items.

The possible solutions you can use are to first use a ‘self-help’ solution and return all the items that have been seized directly to the owner, if known. However, this is highly unlikely.

Secondly, you can apply for a warrant against the person, if known, to prevent them from entering your property. If a warrant is not complied with, the offender may be found guilty of contempt of court and may face a prison sentence.

Thirdly, certain non-compete clauses may help you if the perpetrators turn out to be neighbours.

You should have been aware of any such agreements that place a burden or benefit on your country when you purchased the property. It may be wise to review the documentation.

Focus on prevention

Unfortunately, there are problems with the legal system and the speed at which it can help you, and the costs of filing an application can be high.

A major problem with such a problem is identifying the perpetrators in order to bring a lawsuit against them. It is also becoming increasingly difficult to claim legal fees from an opponent in a lawsuit, even if it is successful.

Therefore, in this case it is better to focus on prevention and deterrence, rather than on legal measures and compensation.

The dumpster rental company may have some practical solutions that can help. In addition, CCTV should be considered, with clear signage to make it clear that anyone using the dumpster is being recorded on camera.

You can indicate that the images will be used to take action against the user of the skip.

You have the right to have CCTV recorded on your own property. It is also possible to have CCTV recorded outside your own boundaries, as long as you adhere to the relevant obligations.

In practical terms, well-placed lights can also have a deterrent effect, whether they are permanently lit or activated by a sensor.

Finally, you may want to consider installing a physical barrier on your driveway, such as a gate that you can close and lock.

As with any potential legal dispute it is important to keep a detailed log of all incidents. CCTV footage would be ideal for this.

Simon Colvin, partner at Weightmans LLP, said: Dumping waste on land may constitute a criminal offence under the Environmental Protection Act 1990.

A homeowner benefits from an exemption from this violation, which allows him to store household waste produced on his property on his property within certain limits.

A local authority can issue a fixed penalty notice to someone who commits such an offence. In more extreme circumstances, they can also take formal enforcement action.

The real difficulty will be identifying the individuals responsible for dumping the waste – in this case into the container – and then trying to get the local government to take enforcement action.

The activity is unlikely to be fly tipping as it involves dumping waste from a vehicle, nor is it likely to be littering as it involves publicly accessible land as opposed to private property.

You can try to file a civil lawsuit against those responsible, but that too is not an easy solution from an evidentiary and procedural point of view.

Whether you are prepared to take this approach will undoubtedly depend on the scale of the problem. A practical step might be to try to seal or cover the container when it is not in use, to prevent unwanted materials from entering the container. This is something to discuss with the container company.