Who is responsible for speed bumps on private road
Discussion
nasz said:
I seriously damaged my exhaust on a speed bump installed on a private road. Now the property owner is stating that it is not their responsibility!
So whose is it? Is there any legal reference material?
If the property owner put it there then it is their responsibility - if they still claim no responsibility then tear it up and see who comes running to complain!
It would appear to be illegal to install speed bumps on private streets.
Anyone installing speed bumps would be wise to install them to the Department of Transport regulations.
You would need to find out who is responsible for maintaince of the road. It could be the property owners who are resonsible for their bit of the road in front of their house. Then find out if the humps are to any standard, you may have a claim.
(please note a private street is a road NOT maintained by the local highway authority but where members of the public have a right of way)
Anyone installing speed bumps would be wise to install them to the Department of Transport regulations.
You would need to find out who is responsible for maintaince of the road. It could be the property owners who are resonsible for their bit of the road in front of their house. Then find out if the humps are to any standard, you may have a claim.
(please note a private street is a road NOT maintained by the local highway authority but where members of the public have a right of way)
Sorry for your problem.
If I remember my land law lectures OK then the land owner (not lessee) is always accountable (except in a few bizarre circumstances). This is balanced by a voluntary assumption of risk on your part on entering any private property.
If there is anything worthy of mention to the public on entering (e.g. Caution Speed hump / Danger Unstable Building etc) it is incumbent on the land owner to do this. The test is if they “reasonably” discharged their responsibility to notify you (as is so often in Civil law) Frustratingly vague but then that’s the Law !
N.B this is not legal advice – just my un-qualified opinion !
If I remember my land law lectures OK then the land owner (not lessee) is always accountable (except in a few bizarre circumstances). This is balanced by a voluntary assumption of risk on your part on entering any private property.
If there is anything worthy of mention to the public on entering (e.g. Caution Speed hump / Danger Unstable Building etc) it is incumbent on the land owner to do this. The test is if they “reasonably” discharged their responsibility to notify you (as is so often in Civil law) Frustratingly vague but then that’s the Law !
N.B this is not legal advice – just my un-qualified opinion !
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