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Local Authority Liability?


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Contractors working on behalf of the local council dug a 3 metre wide x 20 metre long trench on my private land (parallel to the road) in order to widen the road. No permission was sought from me as the land owner and no notice had been issued prior to the work commencing. No transaction had ever taken place regarding the land. The council had offered to redevelop my garden in exchange for the land required, but I rejected this offer prior to the work commencing. I told the contractors that the land was private and after they checked this out they replaced and levelled the soil. I realise they have committed trespass to land and the local authority are vicariously liable for the damage, but would they be required to replace the turf on the whole plot of land (some 700 sq metres) in order to maintain its uniformity and appearance, or just replace the bit they damaged? Also does their act constitute criminal damage, as they were reckless and/or negligent as to damage being caused? (Trespass is not one of my strong points.)

Any advice is much apreciated, cheers

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Their act most certainly constitutes criminal damage - they dug up your land without permission. They would be liable to criminal charges on this count and also to compensate you for

 

1 the loss of use of the land whilst it was dug up,

2 inconvenience caused to you by having all the contractors on your land, 3 to return your land to its previous state.

 

I would disagree with conff only on the grounds that the contractors themselves committed trespass on your land and although they were working as agents of the council, I would say have a duty to ensure that the land they dig up belongs to their contracted employer. Boundries are notoriously contentious and fairly easy to check. They should have checked before digging up the land.

 

only my opinion

 

I would consult a solicitor with regard to this.

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