who is responsible
Discussion
The mrs has just knocked a hole in the sump of her fiesta, due to mounting the verge to allow a police car to pass on sirens. The home owner had placed lumps of concrete on the grass verge to stop people parking on it. As the verge is part of the highway do i go to the council to pay for the necessary repairs, the home owner or who?
ps very tempted to return the concrete lumps to the homeowner via his front window.
ps very tempted to return the concrete lumps to the homeowner via his front window.
Me too - I agree.
I think the householder could theoretically be required to remove the concrete. But OTOH, I think it is against the law to drive on the pavement/verge so you'd be taking a risk if you tried to pursue it. Might have been on firmer ground if she'd been swerving to miss a child in the road, but AFAIK, you can't break the law in order to allow emergency services to have right of way.
I think the householder could theoretically be required to remove the concrete. But OTOH, I think it is against the law to drive on the pavement/verge so you'd be taking a risk if you tried to pursue it. Might have been on firmer ground if she'd been swerving to miss a child in the road, but AFAIK, you can't break the law in order to allow emergency services to have right of way.
puggit said:
I believe we discussed what to do when blues and twos are behind you - pull over where it is safe to do so - ie not on concrete lumps!
quite funny but as it was dark at night she didn't see them.
looks like the motorcross bike may be used to do some ploughing of said verge and returning of offending lumps on concrete
Well I would talk to the council and I suspect you will be able to sue the homeowner.
It was in the papers just after the snow that if you clear the pavement outside your house and then someone slips and injures themselves then you are liable. If you leave the snow then the council is liable.
I would suggest that the homeowners actions are illegal and they are therefore liable for any damage caused by the concrete.
>> Edited by icamm on Wednesday 4th February 14:05
It was in the papers just after the snow that if you clear the pavement outside your house and then someone slips and injures themselves then you are liable. If you leave the snow then the council is liable.
I would suggest that the homeowners actions are illegal and they are therefore liable for any damage caused by the concrete.
>> Edited by icamm on Wednesday 4th February 14:05
Having some experience of this previously I would say that much will depend on where the private property ends and the public highway begins.
If the concrete lumps were on private property then a trespass has been committed by driving on it (over them). In such a case, if the concrete lumps have been damaged by this act, then the property owner could well have right of redress - after all, your wife drove over his rock-garden.
However, if the concrete lumps were on the public highway, then the council/HA are responsible. However, if it can be shown that the property owner placed them there, you might well have a case against the property owner. However, the onus is upon the council to instruct their removal.
So the first thing to determine is, whose land is it?
Streaky
>> Edited by streaky on Wednesday 4th February 19:52
If the concrete lumps were on private property then a trespass has been committed by driving on it (over them). In such a case, if the concrete lumps have been damaged by this act, then the property owner could well have right of redress - after all, your wife drove over his rock-garden.
However, if the concrete lumps were on the public highway, then the council/HA are responsible. However, if it can be shown that the property owner placed them there, you might well have a case against the property owner. However, the onus is upon the council to instruct their removal.
So the first thing to determine is, whose land is it?
Streaky
>> Edited by streaky on Wednesday 4th February 19:52
timf said:Er, not entirely true. The boundary (ref: HMLR) determines where the private property ends and the public highway begins. Grass verges may well be the property of the owner. My property has three boundaries onto highways, one has a footway that is the responsibility of the council, but the other two are private right up to the edge and I am responsible for them - Streaky
So the first thing to determine is, whose land is it?
Streaky
public footpath / verge / road = council property
I spoke to the council this morning and met one of their people where the incident occured the verge is council property and the home owner is in big doo doo for putting the lumps on the verge, And the council are going to take it further the man from the council sugessted that we start a claim via the small claims due to the fact that the homeowner admited that he placed them.
streaky said:
andrew54 said:
The householder might co-operate more if you point out that his house insurance will probably cover him.
Maybe not if the property owner has acted contrary to the law - Streaky
Maybe not but he might be more willing to cooperate if you explain the reasons for driving there and all you want is the car fixed. If he pays then there is no need to go through the hassle of court etc.
>> Edited by icamm on Thursday 5th February 13:04
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