What’s the legal take of no turning signs on private roads
What’s the legal take of no turning signs on private roads
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Discussion

Smollet

Original Poster:

16,566 posts

219 months

Thursday 29th August 2019
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Often wondered what would happen if I were to turn into this junction to use it to manoeuvre my car.
Cameras have recently been installed to catch “culprits”
Can a legally enforceable penalty be applied?

anonymous-user

83 months

Thursday 29th August 2019
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If its an adopted road then yes.

rix

2,949 posts

219 months

Thursday 29th August 2019
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I’m not a lawyer but would imagine unless there is some specific statute (unlikely) it could only be considered a matter of trespass. If you caused damage then maybe a criminal damage charge could apply but otherwise it would mean the land owner would have to bring a civil claim against you for ‘damages’ if any could be demonstrated.

BIG DUNC

1,925 posts

252 months

Thursday 29th August 2019
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Even if it is a private road, is there not still a right of access for members of the public?

NDA

25,624 posts

254 months

Thursday 29th August 2019
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BIG DUNC said:
Even if it is a private road, is there not still a right of access for members of the public?
I doubt it. Otherwise people could walk around your garden claiming the right you suggest.

I owned a private road for many years and, in truth, there was very little you could do to prevent people walking their dogs up and down it - other than politely telling them they were on private property - or turning around or, in my case parking while they went for a walk.

InitialDave

15,108 posts

148 months

Thursday 29th August 2019
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If it's a dead end, how else are people meant to get out of it? Reverse all the way?

deggles

719 posts

231 months

Thursday 29th August 2019
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Who erected the signs/cameras? I doubt very much they are genuine council/highways operated, most likely the residents’ association trying it on. A quick search suggests they have previous trying to block public right of way access across the estate.

silverfoxcc

8,411 posts

174 months

Thursday 29th August 2019
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Get onto the Council to ask if there is a TRO. If not, then it looks like a trespass claim only.HOWEVER whilst the camera sign is a 'univesral' one the road sign must adhere to TRSDaand be covered by the TRO. I am not an authority on this, so willing to be put rignt. but i this smells of the POLITE vests

speedking31

3,913 posts

165 months

Thursday 29th August 2019
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Would they have legitimate cause to obtain the keeper's details from the DVLA?

BIG DUNC

1,925 posts

252 months

Thursday 29th August 2019
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NDA said:
BIG DUNC said:
Even if it is a private road, is there not still a right of access for members of the public?
I doubt it. Otherwise people could walk around your garden claiming the right you suggest.

I owned a private road for many years and, in truth, there was very little you could do to prevent people walking their dogs up and down it - other than politely telling them they were on private property - or turning around or, in my case parking while they went for a walk.
Private land such as a garden or drive way is very different to a privately owned road. There is a privately owned road near us, which is owned and maintained (at great expenses every couple of years). However, there is a right of access over it so any member of the public can drive / walk / cycle on it.

I thought all private roads were similar, but happy to be corrected on that.

Heres Johnny

8,169 posts

153 months

Thursday 29th August 2019
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BIG DUNC said:
NDA said:
BIG DUNC said:
Even if it is a private road, is there not still a right of access for members of the public?
I doubt it. Otherwise people could walk around your garden claiming the right you suggest.

I owned a private road for many years and, in truth, there was very little you could do to prevent people walking their dogs up and down it - other than politely telling them they were on private property - or turning around or, in my case parking while they went for a walk.
Private land such as a garden or drive way is very different to a privately owned road. There is a privately owned road near us, which is owned and maintained (at great expenses every couple of years). However, there is a right of access over it so any member of the public can drive / walk / cycle on it.

I thought all private roads were similar, but happy to be corrected on that.
When I was part of a few houses with a shared "private road" the road was actually divided up into individual parcels of land, each house owned one, and in the deeds we all granted the others a perpetual right to cross that part of each others land. We then more traditional driveways branching off the "private road". Unless your business was with one of the houses then I'm pretty sure you'd have no more rights than driving onto someones driveway you had no association with.

Whether its legal to use someones drive to turn around I wouldn't know, its certainly not very polite.


300bhp/ton

41,030 posts

219 months

Thursday 29th August 2019
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BIG DUNC said:
Private land such as a garden or drive way is very different to a privately owned road.
In what way?

NoAdverseDevelopments

664 posts

92 months

Thursday 29th August 2019
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My parents live down (what was) a private road. It had these type of signs and they were nothing more than pretty signs legally.

As they live near a school it got to the point where ornamental rocks were placed to stop parents using it as a car park come school start/finish times, big enough to be a nuisance and cause damage if you drove into them but small enough that they could be moved by one person easily. Think they were hollowed out sandstone, they even had locking wheels at one point. It all became academic though as the council accidentally resurfaced the road and installed streetlights on it instead of the road next to it so they had 2 choices, rip it all out or legally adopt the road! The residents then asked for double yellows to be painted as it's a 1 car wide dead-end with everyone having a garage or parking bay and once that was done the parking warden used to have easy pickings every school day biglaugh

Wooda80

1,743 posts

104 months

Thursday 29th August 2019
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I can sympathise with the principle, where a private driveway is wide and open and inviting enough to look like a road but actually leads nowhere else but someone's house. I guess that's why gates became a thing.

This looks like the entrance to a housing estate, albeit a very posh one? I get the impression that the sign shop was out of stock of "Strictly No Riff-Raff" signs that day.

If I was a legitimate visitor would I have to seek permission in advance, or be prepared to be interrogated as I approached?

I don't think I'd like to live there. The turning traffic wouldn't bother me but the likely attitude of people who put up signs like that would.

p4cks

7,496 posts

228 months

Thursday 29th August 2019
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Leigh Place is not for turning

The Mad Monk

11,481 posts

146 months

anonymous-user

83 months

Thursday 29th August 2019
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My ex lives on a private estate which says residents only-no beach access. You could still just drive up to the gates, they open automatically, park up, and then jump over the low level wall to hit the beach.

Swervin_Mervin

4,993 posts

267 months

Thursday 29th August 2019
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300bhp/ton said:
BIG DUNC said:
Private land such as a garden or drive way is very different to a privately owned road.
In what way?
Unless it's gated off it could be Public Highway. Which means it has to remain open to the public. And it's it's public highway, you can't just go sticking some gates on to prevent it from being so.

Smollet

Original Poster:

16,566 posts

219 months

Thursday 29th August 2019
quotequote all
Thanks for all of the responses. Tbh I can’t see why the owners should get so fed with cars using it as a turning point. It’s not even in the gated part. Mind you Cobham is full of self righteous aholes ?? laugh

BIG DUNC

1,925 posts

252 months

Thursday 29th August 2019
quotequote all
Swervin_Mervin said:
300bhp/ton said:
BIG DUNC said:
Private land such as a garden or drive way is very different to a privately owned road.
In what way?
Unless it's gated off it could be Public Highway. Which means it has to remain open to the public. And it's it's public highway, you can't just go sticking some gates on to prevent it from being so.
That was exactly my understanding. Whereas a private drive or garden it is perfectly acceptable and legal to gate / fence off.