I do not need individuals rifling by way of my skip – how can I cease them and is it unlawful?

We’re moving house and  we’ve hired a skip to help get rid of some of the items not coming with us.

The skip is on the driveway and arrived on a Monday. I started filling it mainly with black bin bags with garden items, and bits from the garage.

By Tuesday morning, I looked out of my window to see a couple with a van with a Bulgarian number plate rifling through it.

I stepped outside, told them to stop – and that they didn’t have permission. But they’d already taken some items and had ripped open bin bags, and left a right mess.

I have since left a note on the skip saying it’s private property and permission is not given to enter or take anything from the skip.

I know it is potentially going into landfill, but I worry about items being taken, sold on and funding organised crime. What are my rights?

Jane Denton, of This is Money, replies: If people are walking on to your private property and helping themselves to the contents of your skip, this constitutes trespass which is generally a civil rather than criminal offence. 

But a criminal element may be involved if there’s some destruction of your property or items have been removed, constituting theft. 

If you are concerned this will happen again, consider getting a secure covered skip and ensure the sign you have put up is clear and can be seen from a distance. 

Sadly, the likelihood of the police being willing to track down the culprits is slim. The legal avenues you could take are also likely to be disproportionate and costly. I spoke to two solicitors to get their thoughts on your dilemma.

James Naylor, a partner at Naylor Solicitors, says: A skip outside your house is not a help-yourself buffet, however tempting some passers-by may find it. 

If you are moving house and have hired one, it is entirely reasonable to wonder whether others can simply wander up and take what they please. They cannot. The law, in this respect, is straightforward and on your side.

A skip on your driveway or in your garden remains on private land. It is not an invitation to inspect or remove items. 

Anyone entering without permission is likely committing trespass, and taking items may amount to theft. The fact that something appears to be ‘rubbish’ does not make it free for the taking.

Nor does placing something in a skip mean you have surrendered ownership. 

The courts made this clear in the 1957 case of Williams v Phillips, where even refuse left out for collection was held not to be abandoned, but to remain property until properly taken away. 

The same principle applies here. Depending on your agreement, ownership may pass to the skip company – perhaps when items are placed in the skip – but not to passing strangers.

Your concern about resale may also be well-founded. Items such as metal, tools, or electronics are sometimes removed and sold on. While not every instance is linked to organised crime, this activity can contribute to unregulated markets and is not treated in law as harmless scavenging.

As part of your move, your sale contract may specify items included in the purchase. I am sure you have considered this, but if something placed in the skip falls within that agreement, its removal, by you or a third party, could create complications.

The sign you have put up is a practical precaution. While not legally required, it makes clear that the skip is not to be interfered with and helps show that any intrusion is deliberate.

If you see someone interfering with the skip, you are entitled to ask them to leave. 

If they refuse, or items are being taken, you may contact the police, particularly where there is a risk of confrontation. 

There may also be civil court remedies available, such as seeking an injunction, but the cost is unlikely to be proportionate if lawyers are involved. Avoid putting yourself at risk.

So, despite appearances, no one is invited to come onto your land and tuck in. It is your skip, on your land, containing your property. It is not for passing opportunists to help themselves. 

Sunjay Versani, director of criminal law at Duncan Lewis Solicitors, says: What you have experienced is, unfortunately, very common, but that doesn’t make it lawful. It is often called ‘skip diving’.

The key point is this: a skip on your driveway is still on private property. 

Anyone helping themselves to its contents without permission is likely committing a criminal offence. 

In legal terms, this can amount to theft under the Theft Act 1968, even if the items are unwanted. The law looks at whether there was an intention to permanently deprive you of property, and whether that property still belonged to you at the time.

This is where it gets slightly nuanced. Rubbish placed for collection can, in some circumstances, be treated as abandoned. 

However, a skip on private land is very different from bags left on a public pavement for council collection. 

Until the skip is collected, the contents are generally still considered to be in your possession – or at least under your control.

The behaviour you describe, entering your driveway, ignoring your instructions, removing items and leaving a mess, may also amount to trespass. 

While trespass itself is usually a civil matter, it becomes more serious when combined with theft or damage. If bin bags have been torn open and your property disturbed, there may also be an argument for criminal damage.

You are right to be concerned about what happens to items once they are removed.

There is a well-documented link between informal waste picking and unregulated disposal or resale, sometimes feeding into wider organised activity. That said, the police generally focus on the immediate offences rather than any broader speculation.

There are a few sensible steps you can take, such as clear signage, as you have already done. This is helpful, but not a deterrent to everyone. 

If the problem persists, consider repositioning the skip where it is less visible, or ask the hire company if they can provide a lockable cover. Some companies now offer enclosed skips for exactly this reason.

If you witness this happening again, you are within your rights to challenge it, but do so cautiously. Avoid confrontation where possible. Taking photographs or noting vehicle details – such as the number plate you mentioned – can be useful evidence if you choose to report the matter to the police.

Ultimately, the law is on your side. This isn’t a free-for-all simply because items are destined for disposal. Your property, and what is in that skip, remains protected until it is lawfully removed.