Dropped Kerb obstruction by new internet junction cabinet

[dropped_kerb]

I'm looking for information on the right of way of a dropped kerb.

 

Specifically, if the 'legally drivable' lowered part of the dropped kerb (not the sides that slope back to the normal pavement height) gives me a right of way of the same width up to the property border.

 

Some context:

 

I bought a house earlier this year, and one of the planned projects is to widen the driveway entrance on the property to match the width of the dropped kerb. This will allow a second car to be parked next to the first, and help reduce the crowding on the street by one car.

 

However...

 

A new internet junction cabinet appeared last week, right next to the current border of the wall. If we would have already completed the work it would have had the effect of blocking in the second vehicle.

 

Is my right of way likely to be at a right angle from the dropped kerb edges all the way to my property, or is it not that simple?

 

Ideally I'd like to get them to come and move it 1m to the right whilst they're installing the other new bits of infrastructure in the village.

 

 

[dx100uk]

as far as i know they can do what they like upto your property boundary wall, as the footpath and verge is part of the highway.

i'm wondering if this might be better placed in our residential forum as its a 'planning' /right of way query issue, if there is a right of way to be even disputed.

[dropped_kerb]

Ah, sorry if this is in the wrong area, I can delete and repost there

[Homer67]

I'd be concerend about the noise from the fans in those network cabinets, they are loud, especially at night.

[dropped_kerb]

There's an existing cabinet about 5 metres further away which is very quiet unless you stand next to it, this new one is to add extra capacity in the area.

 

It's a similar looking green box so I expect the noise will also be similar.

[unclebulgaria67]

Something to ask the local Council authority whether they can review this.

 

Don't know what your Council is like to contact, but often they have a technical section that handles such rights of way issues. 

 

I suspect that just because there is a dropped kerb, does not mean you have a right of access across the whole width of that dropped kerb. If you can access the existing off road parking, I would think any rights have been met.

 

Would the location of the internet cabinet be a safety hazard ?  That would be a different argument. 

 

 

[dropped_kerb]

Ah OK, so if it's not currently used, and the extension of driveway is planned only, then I may be out of luck if they got there first.

 

It may potentially be a safety hazard. We're looking at removing that part of the wall anyway, so the box would be exposed, and removal of the wall would mean drivers using the dropped kerb to reverse (it's popular for that as there's a shop a couple of doors down) wouldn't necessarily see the cabinet (it's 2ft high and 2ft wide, so too low for rear view mirror), so might reverse too far and collide with the box.

Edited August 24, 2021 by dropped_kerb