Right to access over verge

Right to access over verge

Postby beardsince1978 » Fri Nov 03, 2017 4:56 pm

Hi,

I was wondering what rights you have to access the highway where your land borders the highway. Off topic for ROW which usual means private ROW but this seems the most appropriate forum.

I know you have to apply for a dropped kerb and if it is a classified road also apply for planning permission, both of which have fees and then you have to use an approved contractor to fit the dropped kerb. What law gives the right to have an access to the highway? What can can cause permission to be denied? What about where the verge has trees on it? Especially with no gaps in the trees wide enough for an access.

Thanks
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Re: Right to access over verge

Postby Collaborate » Fri Nov 03, 2017 6:24 pm

It is presumed the subsurface of the road to the middle of the road. Therefore you don't need a ROW. It's the statutory obstacles that you need to concern yourself with.
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Re: Right to access over verge

Postby beardsince1978 » Fri Nov 03, 2017 7:32 pm

Thanks. I think I see what you're saying. I'm presumed to own to the middle of the road therefore I can put in tarmac to get to the road, as long as public still have access over the verge (and my tarmac). How does that work though if land registry shows my boundary as start of the verge and not the middle of the road?
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Re: Right to access over verge

Postby ukmicky » Sat Nov 04, 2017 2:20 am

The surface however will be in the ownership of the highways department and if it is also pavement for the use of the walking public you cant just drive over it without the required legal authority .

Gaining permission to drop the kerb would however normally provide implied permission to drive over pedestrian highway.

If there are trees in the way ,I wish you the best of luck getting that permission.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Right to access over verge

Postby Collaborate » Sat Nov 04, 2017 7:40 am

beardsince1978 wrote:Thanks. I think I see what you're saying. I'm presumed to own to the middle of the road therefore I can put in tarmac to get to the road, as long as public still have access over the verge (and my tarmac). How does that work though if land registry shows my boundary as start of the verge and not the middle of the road?


No, you can’t just do this. I mentioned the statutory obstacles that I presume you’re aware of.
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Re: Right to access over verge

Postby beardsince1978 » Sat Nov 04, 2017 10:41 am

Collaborate - perhaps you could explain "statutory obstacles" as I read this as road signs and the like. I guess you didn't mean physical obstacles?

ukmicky - there is no footpath it is all verge. Legally the verge status is a bit of a muddle. The verge is manorial waste so highways if you ask them say it isn't their verge. But highways act 130 says waste land is part of highway so I think they are responsible for it. Utilities treat it like verge and install on and under it.

My question is more that I believe a person has a right to use and enjoy their land, where does that come from in law? I presume there is some right to connect to highway, or I should say the carriageway. Where there a bunch of trees on a verge blocking in a property the council could just say no but there must be a balancing right to have access. It can't all depend on the council's whim, can it?
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Re: Right to access over verge

Postby MacadamB53 » Sat Nov 04, 2017 5:30 pm

beardsince1978,

But highways act 130 says waste land is part of highway so I think they are responsible for it.

responsible for it = they own the surface (aka a spade’s depth) so you’ll have to ask their permission (which is one of the statutory obstacles...).

kind regards, Mac
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Re: Right to access over verge

Postby Collaborate » Sat Nov 04, 2017 5:51 pm

beardsince1978 wrote:Collaborate - perhaps you could explain "statutory obstacles" as I read this as road signs and the like. I guess you didn't mean physical obstacles?

ukmicky - there is no footpath it is all verge. Legally the verge status is a bit of a muddle. The verge is manorial waste so highways if you ask them say it isn't their verge. But highways act 130 says waste land is part of highway so I think they are responsible for it. Utilities treat it like verge and install on and under it.

My question is more that I believe a person has a right to use and enjoy their land, where does that come from in law? I presume there is some right to connect to highway, or I should say the carriageway. Where there a bunch of trees on a verge blocking in a property the council could just say no but there must be a balancing right to have access. It can't all depend on the council's whim, can it?


You mentioned the obstacles in your first post
I know you have to apply for a dropped kerb and if it is a classified road also apply for planning permission,
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Re: Right to access over verge

Postby ukmicky » Sat Nov 04, 2017 6:35 pm

Statutory providers have a legal right to install on the highway and we always check what the status the land has before we install and if need be negotiate with any land owners where permission is required . If there is equipment on this verge from telecoms ,electricity etc and you have not been asked to grant permission that is a sure sign this land is highway.


You have a fundermental freedom under European law to enjoy your property ,but the law also says the use of property may be regulated by law in so far as is necessary for the general interest. Which allows the government of each member state to interfere with your freedoms where nessesary through planning laws etc.

You have no automatic right to drive across a pedestrian highway highway and cannot cut down trees or remove statutory providers equipment in order to create a vehicular access point without express permission .
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Right to access over verge

Postby ukmicky » Sat Nov 04, 2017 6:43 pm

MacadamB53 wrote:beardsince1978,

But highways act 130 says waste land is part of highway so I think they are responsible for it.

responsible for it = they own the surface (aka a spade’s depth) so you’ll have to ask their permission (which is one of the statutory obstacles...).

kind regards, Mac

Beard since


A spades depth also doesn’t mean the depth of one spade it means as deep as is required to dig in order install or maintain any equipment required under statutory laws.

Edit
One last point the legal presumption is an open verge along side a highway has been dedicated as highway by the land owner up to the point of any boundary fence.
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Re: Right to access over verge

Postby Clifford Pope » Sat Nov 04, 2017 10:35 pm

What if there isn't a verge? Where our hedge stops the metal road begins.
Many years ago I created a new access by cutting a gap in the hedge. Nothing happened.
No permission is needed to grow a hedge - why would it be needed to cut it down?
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