Is this an acceptable way to leave a road edge

Pond digger · Feb 19, 2017

Thanks to years of persistent soil removal by the neighbor from hell, and the councils unwillingness to tackle the issue, the road to our property is left perched about 2-3ft above surrounding ground, and the edge is completely unsupported. The Council seem to think this is acceptable: I don't! Am I being unreasonable

The legal situation, is that no one has a right to undermine adjoining property, and the neighbor from hell should provide a supporting batter to the road, if he's so intent on digging away at his own ground. The Council don't want to get involved, but of course they have a statutory duty to protect road users.

Kevtherev · Feb 19, 2017

That's totally unacceptable the edge of the road will crack as soon as a loaded artic comes along

marco · Feb 19, 2017

Whats his reason for digging?

GTB · Feb 19, 2017

Get onto your local paper. The council are fools to let this slip.

yellowbelly · Feb 19, 2017

Some of what he's dug away must surely belong to the highway anyway. Down right dangerous if you have to pull over to let something wide pass. Time to kick up a fuss IMHO.

Lincsman · Feb 19, 2017

What is he doing with the soil? I am fairly sure you cannot excavate within a certain distance without permission, as the highway will have an overall deemed award width. They put highway boundary markers in around here if you cultivate the verge.

Welsh Farmer · Feb 19, 2017

"The legal situation, is that no one has a right to undermine adjoining property, and the neighbor from hell should provide a supporting batter to the road, if he's so intent on digging away at his own ground. The Council don't want to get involved, but of course they have a statutory duty to protect road users."

This is perfectly correct

What a dreadful position to be in and in answer to your op ...it's totally unacceptable

David. · Feb 19, 2017

Why is he doing it, and who is in his pocket at the council?

GTB · Feb 19, 2017

David. said:
Why is he doing it, and who is in his pocket at the council?

Dodgy handshake brigade?

Exfarmer · Feb 19, 2017

While I sympathise, the highway is only the desiganted width and the owner either side can do as he likes within reason.
Designated widths may be from 8 feet up

Pond digger · Feb 19, 2017

A bit more info.

It's a long and complex tail, but neighbor from hell bought land either side of the road from local IDB ( it was former canal land ). Anyway, the road had been included in the sale ( I didn't know this at the time ) and when neighbor fell out with IDB he started making threats to dig the road up, and things went down hill from there. When I asked him why he was dragging me into the fight, he said he wanted me on his side ( don't ask, because there really is no logical answer).

I did the research and checked council records, and although the road was classified as public, there was no recorded width. When neighbour decided he'd remove the verge from both sides of the road things got serious. It all culminated in a neighbour v council court case, with neighbor claiming the road had no public rights. Anyway, neighbor lost, and width was confirmed at 15ft.

So, the council surface the full 15ft legal width, but because neighbor has by now significantly lowered the level of his adjoining ground, the road edge is left unsupported.

Pond digger · Feb 19, 2017

Exfarmer said:
While I sympathise, the highway is only the desiganted width and the owner either side can do as he likes within reason.
Designated widths may be from 8 feet up

All land is entitled to physical support: neighbor is liable for consequential damage to adjoining highway.

Henarar · Feb 19, 2017

so whats he doing with what he has dug up ?

Pond digger · Feb 19, 2017

Henarar said:
so whats he doing with what he has dug up ?

Just spreading it out, away from the road edge. He's only dug it away in an effort to intimidate us: he has no particular use for the soil.

On edit: lately, the soil has been piled up about 10 yards away and just left.

Dry Rot · Feb 19, 2017

Recorded delivery solicitor's letter emphasising the dangers of a heavy vehicle going over the edge so he can't deny he "didn't know" when it does actually happen. I think he'd be held liable for foreseeable damage.

Contact his insurers! They really won't want him taking these sorts of risks.

Castle Farm · Feb 19, 2017

Just shoot him.

marshbarn · Feb 19, 2017

I thought damaging a public right of way was one of the most serious crimes there is . Get the council on to him to reinstate support to road.

Henarar · Feb 19, 2017

Pond digger said:
Just spreading it out, away from the road edge. He's only dug it away in an effort to intimidate us: he has no particular use for the soil.

On edit: lately, the soil has been piled up about 10 yards away and just left.

was there a hedge there ?

Pond digger · Feb 19, 2017

marshbarn said:
I thought damaging a public right of way was one of the most serious crimes there is . Get the council on to him to reinstate support to road.

They just don't want the hassle; I have have tried.

I was advised by the parish council to get an engineers report done and present it to the highway authority. All well and good ( if I could find one ), but to me, it's just bloody obvious that the jobs not finished to an acceptable standard: should I really have to pay someone to say it.

Pond digger · Feb 19, 2017

Henarar said:
was there a hedge there ?

No, there wasn't.

Is this an acceptable way to leave a road edge

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