Fined for parking on own land....?
Fined for parking on own land....?
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Discussion

MoggieMinor

Original Poster:

471 posts

175 months

Thursday 7th September 2017
quotequote all
Nothing to do do with me but I thought it worth sharing. Piece from the local paper.

When I saw the photo I thought fair enough,pay up and stop using the grass outside your house to dump your car on, parking on grass verges really winds me up. But! Its the blokes own land!

Wonder who maintains it though...

https://www.expressandstar.com/news/local-hubs/sta...

Jag_NE

3,339 posts

130 months

Thursday 7th September 2017
quotequote all
he should get it block paved or tarmac'd if he wants to park on it every day for christs sake, cars bellied up on grass verges look like a right mess and in the winter they can get churned up.

TooMany2cvs

29,008 posts

156 months

Thursday 7th September 2017
quotequote all
Doesn't look much like he's been parking on that grass every day for 30 years...

WinstonWolf

72,863 posts

269 months

Thursday 7th September 2017
quotequote all
How can the council class it as a highway when they don't own it?

bigandclever

14,393 posts

268 months

Thursday 7th September 2017
quotequote all
He's a shoe-in for this facebook group ... https://www.facebook.com/angrypeopleinlocalnewspap...


TooMany2cvs

29,008 posts

156 months

Thursday 7th September 2017
quotequote all
WinstonWolf said:
How can the council class it as a highway when they don't own it?
Easily. They don't own every bit of public highway, even adopted.

PorkInsider

6,609 posts

171 months

Thursday 7th September 2017
quotequote all
bigandclever said:
He's a shoe-in for this facebook group ... https://www.facebook.com/angrypeopleinlocalnewspap...
He's already on there.

cbmotorsport

3,065 posts

148 months

Thursday 7th September 2017
quotequote all
What a total and utter waste of everyone's time.


WinstonWolf

72,863 posts

269 months

Thursday 7th September 2017
quotequote all
TooMany2cvs said:
WinstonWolf said:
How can the council class it as a highway when they don't own it?
Easily. They don't own every bit of public highway, even adopted.
Under which statute?

TooMany2cvs

29,008 posts

156 months

Thursday 7th September 2017
quotequote all
WinstonWolf said:
TooMany2cvs said:
WinstonWolf said:
How can the council class it as a highway when they don't own it?
Easily. They don't own every bit of public highway, even adopted.
Under which statute?
You're asking if there's a law that says local authorities don't have to own all bits of public highway?

Perhaps a better question would be to ask whether there's a law that says they DO...? (There isn't, and they don't have to.)

WinstonWolf

72,863 posts

269 months

Thursday 7th September 2017
quotequote all
TooMany2cvs said:
WinstonWolf said:
TooMany2cvs said:
WinstonWolf said:
How can the council class it as a highway when they don't own it?
Easily. They don't own every bit of public highway, even adopted.
Under which statute?
You're asking if there's a law that says local authorities don't have to own all bits of public highway?

Perhaps a better question would be to ask whether there's a law that says they DO...? (There isn't, and they don't have to.)
I am asking that, yes.

fido

18,917 posts

285 months

Thursday 7th September 2017
quotequote all
There must be a convenant on it, or else he could do what he liked with his land e.g. wall it off, pave it, park on it etc. Looks like all his neighbours have the same issue!

barryrs

5,039 posts

253 months

Thursday 7th September 2017
quotequote all
Isn't he causing an obstruction in visibility by parking there.

If the traffic is moving fairly quickly pulling off a neighboring driveway will be made difficult by him parking on that verge.

Aretnap

1,970 posts

181 months

Thursday 7th September 2017
quotequote all
WinstonWolf said:
TooMany2cvs said:
WinstonWolf said:
How can the council class it as a highway when they don't own it?
Easily. They don't own every bit of public highway, even adopted.
Under which statute?
Common law. A highway is any route over which the public have a right to pass and repass.Ownership is irrelevant. Public rights of way which go across farmers' fields are highways - the council don't on them either.

It's not uncommon for a homeowner to own a chunk of the land the carriageway is built on as well - it doesn't give them the right to block the highway.

https://www.norfolk.gov.uk/roads-and-transport/roa...

ED209

6,026 posts

274 months

Thursday 7th September 2017
quotequote all
If its his land can he not just fence it off and make an extra bit of driveway?

Swervin_Mervin

5,001 posts

268 months

Thursday 7th September 2017
quotequote all
fido said:
There must be a convenant on it, or else he could do what he liked with his land e.g. wall it off, pave it, park on it etc. Looks like all his neighbours have the same issue!
If it's adopted highway then he has no right to park there, unless there is a formal agreement to do so, which there won't be. Ownership doesn't matter a jot when it comes to adopted highway land.

Nickyboy

6,825 posts

264 months

Thursday 7th September 2017
quotequote all
As there is a yellow line on the road, does the restrictions on this not extend as far as the end of his drive? When i lived at home we had a similar verge until one day a pavement was built the length of the road, there were no highway markers anywhere along the road to mark the boundary edge

Kuji

785 posts

152 months

Friday 8th September 2017
quotequote all
fido said:
There must be a convenant on it, or else he could do what he liked with his land e.g. wall it off, pave it, park on it etc. Looks like all his neighbours have the same issue!
I was thinking along the same lines.

If it was truly included within the usable boundary of their land, his driveway paving and shrubs would be on the pathway edge.


It wouldn't be the first time a journalist neglected to include an inconvenient bit of information in a story.


Kuji

785 posts

152 months

Friday 8th September 2017
quotequote all
ED209 said:
If its his land can he not just fence it off and make an extra bit of driveway?
Only, if there is a countrywide problem of feral zombies.




MJG280

723 posts

289 months

Friday 8th September 2017
quotequote all
From my experience I would say that the 'New' towns will be the only towns where the Council own the subsoil beneath the adopted highway. An adopted highway over-rides the ownership rights. The utilities can go almost as deep as they like without needing to compensate the subsoil owner

Similarly with Village Greens, ownership of the land is inconsequential as the Village Green status over-rides ownership.