Verge protection posts - legal?

Verge protection posts - legal?

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Discussion

Tiggsy

Original Poster:

10,261 posts

251 months

Monday 14th August 2017
quotequote all
At the side of my house is a grass verge 1m wide...then a road to houses behind (new build estate) then another verge next to my neighbours house. So the road runs between our two homes.

The verge is on MY land and when I mow it I've notice car tyre marks where people drive on it as the road is only really wide enough for 1 car (and they can't be bothered to wait)

So - before winter kicks in and the grass gets turned to mush I have added some simple wooden verge posts - they came with reflectors but they look rank.....neighbour thinks they HAVE to be used in case someone drives into it and sues!!!!

Its my verge....not councils, can someone drive over my land, hit my stuff and sue me?

I've got a tree on the front lawn...should I bubble wrap it?

sunbeam alpine

6,936 posts

187 months

Monday 14th August 2017
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Maybe you could try this instead? smile

mikeveal

4,557 posts

249 months

Monday 14th August 2017
quotequote all
In order to claim they'd have to prove that your negligence resulted in their loss. Posts with reflectors seems like a good solution to me.

Or think of it this way, if it's your land, then you could have erected a fence or a wall, if someone demolished that wall with their car then
a/ would they be liable for repairing the wall
or
b/ would you be liable for damage to their car?


PurpleMoonlight

22,362 posts

156 months

Monday 14th August 2017
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If you wilfully create a danger for road users and someone is injured or their vehicle is damaged as a consequence, then yes they can sue you. They may win they may not.


Integroo

11,574 posts

84 months

Monday 14th August 2017
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Required? No. Wise? Perhaps.

They would need to establish you owe them a duty of care and that you were negligent. You probably do, and it would perhaps not be all that difficult to argue that not having reflectors on posts you stuck right beside a narrow road you knew people did not have sufficient space was a negligent disregard for the risks.

Seems to me that sticking the reflectors on is easier than testing that one in court if someone is unlucky enough to drive into one and then you are unlucky enough that they or their insurers decide to sue you for it.

PurpleMoonlight

22,362 posts

156 months

Monday 14th August 2017
quotequote all
mikeveal said:
In order to claim they'd have to prove that your negligence resulted in their loss. Posts with reflectors seems like a good solution to me.

Or think of it this way, if it's your land, then you could have erected a fence or a wall, if someone demolished that wall with their car then
a/ would they be liable for repairing the wall
or
b/ would you be liable for damage to their car?
Are there not laws about fences being a certain distance from the highway?

Sheepshanks

32,522 posts

118 months

Monday 14th August 2017
quotequote all
Tiggsy said:
At the side of my house is a grass verge 1m wide...then a road to houses behind (new build estate) then another verge next to my neighbours house. So the road runs between our two homes.
Not clear if your house is new too?

There's generally a covenant that you can't put fencing at the front. Maybe you'd fall foul of that? No idea if that would enable someone to chase you for tyre damage though.

Red Devil

13,055 posts

207 months

Monday 14th August 2017
quotequote all
Tiggsy said:
At the side of my house is a grass verge 1m wide...then a road to houses behind (new build estate) then another verge next to my neighbours house. So the road runs between our two homes.

The verge is on MY land and when I mow it I've notice car tyre marks where people drive on it as the road is only really wide enough for 1 car (and they can't be bothered to wait)

So - before winter kicks in and the grass gets turned to mush I have added some simple wooden verge posts - they came with reflectors but they look rank.....neighbour thinks they HAVE to be used in case someone drives into it and sues!!!!

Its my verge....not councils, can someone drive over my land, hit my stuff and sue me?

I've got a tree on the front lawn...should I bubble wrap it?
Is the road an adopted highway? If so, the verges are normally part thereof. Are you 100% sure that this is not the case and you are free to do as you please with it?
If you do own the verge, I would suggest you contact the Local Authority to find out whether there are any public liability issues involved.
It may also have a position on whether reflectors must be fitted. Your neighbour is very unlikely to be right person to be dishing out advice on this.

Swervin_Mervin

4,429 posts

237 months

Monday 14th August 2017
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Are you sure it doesn't form part of the adopted highway?

Dan_M5

615 posts

142 months

Monday 14th August 2017
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plenty of people round here use large rocks that you can't see at night so a lot of people get some lovely damaged cars!

SantaBarbara

3,244 posts

107 months

Monday 14th August 2017
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You could erect signs saying "Soft Verge beware"
Then you could lay some Peat to quite a depth along the edge

austinsmirk

5,597 posts

122 months

Monday 14th August 2017
quotequote all
great big stones seems to be the usual way.

In my village, one guy has actually "adopted" a 1.5 m x maybe 20 m, strip of land- beyond his fence. put a proper set of 30cm high paving flags on edge, all the way round it.

the grass within is maintained beautifully- in all a lovely job and stops (I assume) the previous lazy car-parker's dumping their cars on it, to get to the village shop/post office.

goodness knows the legal aspect to it, but its a nice job and all credit to him.

SVTRick

3,633 posts

194 months

Monday 14th August 2017
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Some nice big stones - real heavy and too big to move.
Big enough to part bury at least a 3rd into the ground.
paint them with some quality stone paint.
I just the same way local authorities use metal posts at width restrictions or those big cast iron
bells shaped bollards to stop vehicles mounting pavements.

If some twunt damages his / her car or vehicle on them the council say tough titty.
The same will apply to your boulders.

Your land your entitled to protect it, If some numbskull tries it on tell then to jog to uck on


Pica-Pica

13,621 posts

83 months

Monday 14th August 2017
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Dan_M5 said:
plenty of people round here use large rocks that you can't see at night so a lot of people get some lovely damaged cars!
Yup, some courteously paint them white, but not everyone.

MJG280

722 posts

258 months

Monday 14th August 2017
quotequote all
Although the land may be registered to you it could still be adopted highway. You need to check with the Highways Dept of your council. They have a definitive map, though I have had experience of said map being changed!

If it is adopted then it is an offence under the Highways Act 1980 to obstruct the highway. Also if someone injures themselves or their vehicle because of the obstruction then the person causing the obstruction is liable for damages.

konark

1,088 posts

118 months

Monday 14th August 2017
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sunbeam alpine said:


Maybe you could try this instead? smile
So no problem if you're illiterate!

anonymous-user

53 months

Monday 14th August 2017
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Dan_M5 said:
plenty of people round here use large rocks that you can't see at night so a lot of people get some lovely damaged cars!
Many years ago my uncle heard a commotion in the early hours and went to investigate and found a VW Golf upside down with the a driver uninjured but stinking of alcohol, the Golf had hit the boulders which were placed on my uncle's grass verge to stop people driving over the grass. Upshot, police came, car took away within an hour, police told my uncle he was sober(turned out he was a judges son) and my uncle got the bill for replacing his Golf, not sure if the laws have changed but be careful putting would be hazzards on grass verges bordering a highway.

hotchy

4,454 posts

125 months

Tuesday 15th August 2017
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Plant a big tree then. Not your fault a tree has seaded there. Theyll avoid it then.

SantaBarbara

3,244 posts

107 months

Tuesday 15th August 2017
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Sheepshanks said:
Not clear if your house is new too?

There's generally a covenant that you can't put fencing at the front. Maybe you'd fall foul of that? No idea if that would enable someone to chase you for tyre damage though.
It just depends when the houses were built

Psycho Warren

3,087 posts

112 months

Tuesday 15th August 2017
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Ive got a similar situation with a driveway access that lots of people use as a reverse turning circle.

Thinking of putting a nice low security post in (to protect my garages full of valuable cars!) and painting them matt black.