Dropped Kerb put in - No Permission from me

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dave105
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Dropped Kerb put in - No Permission from me

Post by dave105 » Mon Aug 19, 2019 12:45 pm

Dear Colleagues,

Me and my neighbour share a drive which extends to the rear corners of both of our properties ( like an alleyway ).
My neighbour has approached the Council and put in a dropped kerb without even asking me or getting my permission.
I approached the Council and the person from highways told me that :
"pavement resurfacing works were taking place on the road and dropped kerbs were done quickly for people at a reduced cost. The engineer had made the necessary site assessment and only proceeded if there are no undue concerns or impacts. Extensive records were not kept of who applied for what".
The neighbour now parks two of his cars - one in the front drive and the other directly in front of the crossover, making access to my house difficult. He also intends to park in the alleyway between out houses - encroaching on my half of the drive.
I do not want this to happen as previously ( when there was no dropped kerb ), he would drive over the raised kerb and park commercial vehicles in the alleyway causing a real nuisance and disturbance.
I want to ask the following:

1) If the dropped kerb affects a 'shared' drive, surely my neighbour should have obtained my consent first before giving the works the go ahead with the Council ( the Council should at least have checked with me or sent me a letter ) ?.

2) Can I have the 'raised kerb' re-instated by the Council considering there was no consent from me and that my neighbour is abusing its use by parking cars on the part directly opposite the raised kerb but the nuisance of parking cars in the alleyway ?.

3) Is this a case of maladministration by the Council ? - no prior contact with me and no records of who applied for the dropped kerb

4) Technically, if the dropped kerb should not have been constructed because I did not consent to it ( regardless of the engineers assessment ), then it is still technically a 'raised kerb' and vulnerable to an enforcement notice ? - meaning my neighbours are still committing an offence of crossing a raised kerb under the Highways Act ?.

Any opinion / guidance is appreciated

Uriah Heap
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Re: Dropped Kerb put in - No Permission from me

Post by Uriah Heap » Mon Aug 19, 2019 11:20 pm

I doubt you will get any joy from the council. Our council put continuous dropped curbs all along our street without asking aybody. they decided to do it themselves. Trouble is these local councils are basically unaccountible to anyone. (hardly anybody votes in local elections anyway).

mugwump
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Re: Dropped Kerb put in - No Permission from me

Post by mugwump » Tue Aug 20, 2019 5:49 am

1) If the dropped kerb affects a 'shared' drive, surely my neighbour should have obtained my consent first before giving the works the go ahead with the Council ( the Council should at least have checked with me or sent me a letter ) ?.

2) Can I have the 'raised kerb' re-instated by the Council considering there was no consent from me and that my neighbour is abusing its use by parking cars on the part directly opposite the raised kerb but the nuisance of parking cars in the alleyway ?.

3) Is this a case of maladministration by the Council ? - no prior contact with me and no records of who applied for the dropped kerb

4) Technically, if the dropped kerb should not have been constructed because I did not consent to it ( regardless of the engineers assessment ), then it is still technically a 'raised kerb' and vulnerable to an enforcement notice ? - meaning my neighbours are still committing an offence of crossing a raised kerb under the Highways

1) No. They asked for something to be done on a public highway

2) You can ask. They have no reason to accede to your request.

3) No

4) Immaterial. The council were asked to provide a dropped kerb for a driveway and agreed.


If you had a drive and no dropped kerb then NEITHER of you should have be parking there. What your neighbour has done is regularised the situation and paid for it themselves. You have benefited by getting a a dropped kerb for a drive that you have use of for free. Whether you use it or not as a drive is, of course, your choice. The parking of vehicles on the shared portion is a problem that you have with your neighbour and of no concern to the council.

There may be something about parking commercial vehicles in your and their deeds but that is for you to persue

dave105
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Re: Dropped Kerb put in - No Permission from me

Post by dave105 » Tue Aug 20, 2019 8:43 am

Thanks for the advice mugwump.

There is a covenant that states that 'no nuisance' is to be caused to us. Taking in to consideration the number of cars the neighbour parks - at all hours - including no consideration for our half of the drive ( he's cracked some of the surface paving on our side of the drive and refuses to pay for the damage ),is there a method of enforcing this covenant ?.

Thank you

mugwump
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Re: Dropped Kerb put in - No Permission from me

Post by mugwump » Tue Aug 20, 2019 3:59 pm

Courts. How deep are your pockets?

mr sheen
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Re: Dropped Kerb put in - No Permission from me

Post by mr sheen » Tue Aug 20, 2019 8:39 pm

Enforcing a covenant is extremely costly and risky. Causing a 'nuisance' is a legal 'nuisance' not just common usage nuisance so the extent of nuisance is much higher than you identify if you are hoping for an injunction. If they block your access on a regular/daily basis then you may have a case.

Collaborate
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Re: Dropped Kerb put in - No Permission from me

Post by Collaborate » Thu Aug 22, 2019 4:25 pm

You'll have to post the precise wording of the rights you each have over the other's property. Will be a right of way most likely, without a right to park.

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