The highway between the road and my boundary

Flat 10

Member
Arable Farmer
Location
Fen Edge
The verge basically. Are councils under any obligation to maintain? I have one stretch where there is a wide verge and ditch full of brambles and thorns etc that is getting out of hand. Currently they are only cutting 4ft next to the road. Needs sorting out.
Second part of question is whose responsibility is any kind of access between the road and my property? We have one that needs widening and resurfacing. I am 99% sure the council surfaced it originally but is it their responsibility?
Thanks for all input.
 

Pan mixer

Member
Mixed Farmer
Location
Near Colchester
The 'official view' down here from head of Highways Essex (not me by the way, just a friend) is that the Council will do the first 4 feet or so and a bit more on corners and junction splays. Everything else is down to the landowner adjacent. In some situations they will just do 'the farmers bit' sometimes they will write to ask the farmer to do his bit, then put a time limit on it, if that limit is exceeded they will do it and bill the farmer.

Seen all 3 scenarios many times.
 
Well you did ask but I doubt that you'll be any the wiser after reading it.

 
If it is anything like determining the responsibility when planning is involved it will all come down to where the land registry determines the boundary. For example if the title plan shows the ditch as the boundary then we can develop to the centre of the ditch without serving a Certificate B on the highways authority but if we need to develop between the verge and the road edge we have to issue a Certificate B notifying them that we are submitting planning on their land.
 

steveR

Member
Mixed Farmer
The verge basically. Are councils under any obligation to maintain? I have one stretch where there is a wide verge and ditch full of brambles and thorns etc that is getting out of hand. Currently they are only cutting 4ft next to the road. Needs sorting out.
Second part of question is whose responsibility is any kind of access between the road and my property? We have one that needs widening and resurfacing. I am 99% sure the council surfaced it originally but is it their responsibility?
Thanks for all input.

Is it a boundary hedge and the hedge is yours? Then you will probably be deemed responsible for the maintenance of said ditch! A good verge flail will hopefully sort it. Does the ditch actually do anything??
 

Flat 10

Member
Arable Farmer
Location
Fen Edge
Is it a boundary hedge and the hedge is yours? Then you will probably be deemed responsible for the maintenance of said ditch! A good verge flail will hopefully sort it. Does the ditch actually do anything??
Hedge is mine. Ditch carries water and is a thorny, brambly mess which is now trying to take over the 8m wide verge.
 

steveR

Member
Mixed Farmer
If it was bothering me I would just do it myself. It’s quicker, easier and will most likely be done to a higher standard.
Then if anyone asks who did it just say you think the council did it.

Kind of agree with this viewpoint, but the issue arrives of all the bollox and nonsense regulations for working on the Highway!! If you have an 8m verge, there is probably room to work with a mini digger ;)

Certainly if I was in the position of the OP, I would get the rubbish flailed back ASAP as apart of a farming operation, and then take a look at the ditch works needed...
 

steveR

Member
Mixed Farmer
The verge basically. Are councils under any obligation to maintain? I have one stretch where there is a wide verge and ditch full of brambles and thorns etc that is getting out of hand. Currently they are only cutting 4ft next to the road. Needs sorting out.
Second part of question is whose responsibility is any kind of access between the road and my property? We have one that needs widening and resurfacing. I am 99% sure the council surfaced it originally but is it their responsibility?
Thanks for all input.
Got any pics??
 

Still Farming

Member
Mixed Farmer
Location
South Wales UK
Technically you own half the road and the opposite landowner the opposite half.
Repairian owners.
Local Authorities adopt the said highways with various rights .
If damage,utilities etc etc up can claim and any wayleaves etc.
Double check .
 

Nearly

Member
Location
North of York
The lane end onto the council road should only be resurfaced by an approved contractor etc. now.
Crack on with a coat of tar and chippings by the pikey crew and deny all knowledge?

We've one roadside field that we own the grass verge at the OTHER side of the road too. :D
 
Last edited:

Pond digger

Never Forgotten
Honorary Member
Location
East Yorkshire
The verge basically. Are councils under any obligation to maintain? I have one stretch where there is a wide verge and ditch full of brambles and thorns etc that is getting out of hand. Currently they are only cutting 4ft next to the road. Needs sorting out.
Second part of question is whose responsibility is any kind of access between the road and my property? We have one that needs widening and resurfacing. I am 99% sure the council surfaced it originally but is it their responsibility?
Thanks for all input.
Yes, I would say it’s the Council’s ( if they are the Highway Authority) responsibility, but it’s an open question as to just exactly how much, and what kind of maintenance is needed for the purposes of the highway. I suspect discussing the issue with them will be a complete wast of your time. Much better to do the job yourself, but make sure you have insurance cover for what you want to do.

Ooops, I see I’m a bit late in responding.
 

Pan mixer

Member
Mixed Farmer
Location
Near Colchester
parish. council pay here to get few overgrown hedges cut, easier than trying to get homeowners to do it
I mess around on the Parish Council, I have organised whole roads so that the contractor comes in and does the lot and each house pays about £30, it is difficult to organise but it is quick, most homeowners love it as they have to do nothing but pay.

I get my contractor to cut other householders hedges when he does mine (as he is going right past) they are happy too.

Parish Council here couldn't afford to pay.
 

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