Hi,

I'm just hoping for a bit of advice. I live on a small unadopted lane, which has houses at both sides and a rectangle of common land in the middle with room for a few parked cars and to turn your car around (it isn't a through road).

Recently one of our neighbours decided to 'extend' their drive onto the common land (not sure why), which wasn't really a problem even though I don't think they have the right to do this, but they've now taken to placing rocks across the entrance to this drive, making even harder for us to turn our cars around.

I'm fuming, but I'm loathe to say something, but I'm sure this must be illegal?

If someone damaged their car whilst trying to turn it round, would our neighbours be liable as they're the ones who have placed the obstruction there? I know there is a lot to be said for looking where you are going, fortunately I know they're there, but the lane is very dark at night as there's only a couple of street lights.

Being an unadopted road means I can't really involve the council.

Any advice much appreciated

Thanks

http://www.pendle.gov.uk/info/701/roads-adoption_agreements/963/unadopted_streets/3

Residents often think that as they both own and pay for the upkeep of their unadopted street they have a right to obstruct it as they choose, eg by putting a gate across the street. However, it is just as much an offence to obstruct an unadopted highway as any other highway.

 

The link above is for Pendle Borough Council. Check your own LA website and see if they have something similar dealing with unadopted roads. It looks like you will be able to raise a dispute regarding the action of your neighbour.. if you live in Pendle..

Thanks Citizen B, even though I don't live in Pendle your reply is very reassuring!

I didn't have a problem with them extending their driveway at first even though it's not their land, but when they started putting rocks across that's what made me angry. I've told my husband if it's dark whenever I come home, I'll move the rocks onto their land and turn my car round. Even though I know they're there, it's still a tight turnaround and I don't see them in my blind spot - which is even more blind in the dark.

I wouldn't mind, but they've encroached onto the land by over a foot and their car is hardly ever in their drive as he works away!

Why do some people have to be so inconsiderate eh?

Thanks again, I had a quick look on my council's website, but couldn't really find anything. Maybe I wasn't looking in the right place!

In the unlikely event that our neighbours have bought that little piece of land (and I don't know why they would do that, given their house is up for sale), would it be the case that their solicitor would write to everyone on the lane to inform them, or would that not be necessary? I nearly did prang my car when I got home from work today, as they've put another rock on the corner of their unofficial extension, which makes that a grand total of 4 rocks across a driveway which is roughly about 6 feet wide - if that!

Because it's an unadopted road it's difficult to find free advice, because it's not the council's problem.

I'm still convinced they'd be liable if someone did damage their car given the land isn't theirs. Given that their house is up for sale they must surely know that if anyone wants to buy it, it will show the true boundaries on the searches, so to me, they've just wasted money.

Flummoxed!

can you not just get rid of the rocks?

This PDF from the House of Commons Library may be of interest:

Stu is awesome!

Any update on this please?