Drop kerb removes on street parking...

Re: Drop kerb removes on street parking...

Postby Tarquin » Thu Nov 17, 2016 3:24 am

arborlad wrote:
Tarquin wrote:Anyway, in the scheme of things not the end of the world but we'd still like to know if commandeering these strips of land will enable them to claim ownership after so many years?

You cannot adversely possess highway, footways and verges will be included in highways. One of the difficulties in your circumstances, either for the one wishing to possess or the one wishing to enforce against it, is the apparent lack of or poor definition between private and highway.

Thankyou. I take your point. There are long stretches where a clear boundary exists defined by grass verges of some 6 to 10 feet depth, and other parts of the road where there is no evidence or space to allow for a verge anyway. Should a nearby neighbour choose to remove his hedge and incorporate the verge into his driveway it will effectively turn that section of road into a one way section.
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Re: Drop kerb removes on street parking...

Postby MacadamB53 » Thu Nov 17, 2016 10:57 am

Hi Tarquin,

whether having coveted land that does not belong to them the house owner could at any time in the future build a wall or fence at the edge of the driveway that now abuts the road?

they could do so today.

what you need to know is whether anyone would have a lawful right to stop them.

it sounds like the land could be considered part of the highway - the law considers the width of a highway to be defined by the coextensive boundary features unless the width was defined when dedicated by a landowner - in which case the HA are empowered to deal with such obstructions (as they are on every PROW, which is what "mr sheen" tried to explain).

Kind regards, Mac
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