can i put removable bollards up on Unadopted road parking query

[kjun]

Hi all I have a question regarding parking so this may not be the correct sub forum, please feel free to re-locate...

 

In short we have lived on an unadopted road for years now renting a property so there are no parking restrictions such as permits or yellow lines.

 

As all others have lived in the same road also for a number of years there is an informal understanding with regards to parking and most including us use traffic cones outside our houses to secure our spots and respect each other’s spaces until recently where we are experiencing persons not living in the street moving the cones to park so to avoid buying permits for the roads they actually live in.

 

Now I understand there is no right in law to park outside your home however have been looking into fitting collapsible bollards and as expected the council raised no objection when I contacted them as the road is not maintained by them and referred my enquiry to the Highways Agency who also advised they were not interested.

 

So thought great can do this without a fuss until I started to wonder regarding personal liability if for example someone tripped / fell over them and thought I’d get some advice from the knowledgeable persons on here of whether this would be a concern and if so can it be mitigated for example reflective ones, security light for night time as there is no street lighting etc.

 

 

 

Any thoughts about this would be greatly appreciated 

 

Kjun

[dx100uk]

no you cant its still classed as public access

the only thing you can do is employ a PPC.

but all of you would have to agree

[kjun]

Thanks for your reply DX but just to clarify I am not talking about blocking access through the road as clearly emergency services, delivery drivers etc need to get down there but meant using bollards to replace the traffic cones which are placed outside our homes adjacent with what would be the pavement if there was one.

 

would the above still apply please?

[ericsbrother]

who actually owns the land? The problem is that many raods like this have been used so long that rights of way are created that allow not only those who live ther the right to drive and park there but access must be maintained for anyone else as well. This may seem silly but look at The Occupiers Liability Act and you will see that if a burglar injures themselves on your fence you ARE liable.

Now in your situation you will need to find out what easements exist or have been created and only do things that are not subject to them. A complete stranger will have no right to park there but if you contol access you may prevent someone enjoying the rights they have acquired by trespassing there for the last 8 years.

 

Where does the road lead to?

In short you may use things like retractable bollards providing you actually own the land either individually or in common with the other residents and if the latter they all agree to whatever is proposed. make sure that there is nothing on the land registry record to stop you and consider the right of access by others who have used it for years like the dustcart That way access is maintained but the interlopers just wont be able to get their cars there.