Dropped curb- legal question
Discussion
I have found differing opinions on this... if you have a dropped curb giving access to your driveway, do you have a legal RIGHT OF WAY or not? I have seen some information suggesting that if you were parked on your drive and became blocked in by a car parked across your drive entrance, this is obstruction, but if you came home and found a car across your drive, you would not have a right to get it moved so you could access your drive. Any legal eagles out there care to give a definitive answer?
Jon H
Jon H
jon h said:
I have seen some information suggesting that if you were parked on your drive and became blocked in by a car parked across your drive entrance, this is obstruction, but if you came home and found a car across your drive, you would not have a right to get it moved so you could access your drive. Any legal eagles out there care to give a definitive answer?
Jon H
Jon H
Spot on. My mother's garage in Chiswick is accessed from a dropped kerb. The police will come out and get cars towed away if she is blocked in but don't want to know if her car is already outside.
ean218 said:
jon h said:
I have seen some information suggesting that if you were parked on your drive and became blocked in by a car parked across your drive entrance, this is obstruction, but if you came home and found a car across your drive, you would not have a right to get it moved so you could access your drive. Any legal eagles out there care to give a definitive answer?
Jon H
Jon H
Spot on. My mother's garage in Chiswick is accessed from a dropped kerb. The police will come out and get cars towed away if she is blocked in but don't want to know if her car is already outside.
Yep, if you have a look back at my post history, i started a thread about an untaxed vehicle blocking access to my driveway. The police were no interested as it is not an obstruction unless it stops you moving your vehicle. So if it happens whilst you are out then there is diddly squat you can do about it. Well, legally speaking anyway...
eltax91 said:
ean218 said:
jon h said:
I have seen some information suggesting that if you were parked on your drive and became blocked in by a car parked across your drive entrance, this is obstruction, but if you came home and found a car across your drive, you would not have a right to get it moved so you could access your drive. Any legal eagles out there care to give a definitive answer?
Jon H
Jon H
Spot on. My mother's garage in Chiswick is accessed from a dropped kerb. The police will come out and get cars towed away if she is blocked in but don't want to know if her car is already outside.
Yep, if you have a look back at my post history, i started a thread about an untaxed vehicle blocking access to my driveway. The police were no interested as it is not an obstruction unless it stops you moving your vehicle. So if it happens whilst you are out then there is diddly squat you can do about it. Well, legally speaking anyway...
cut the handbrake cable and roll it back. Use some bricks to keep the car from rolling into others, wear gloves so you dont leave fingerprints
Or you can do what i did.I was at one point getting one car in particular that would regularly park across the drive while the owner went to work.I had already been down the road of calling the police on a previous occasion with another car that was parked across the drive.They sent a patrol out which took two hours.they then deemed it suitable to be towed away so a truck was called and four hours later it was towed away.six hours in all.I made a point that it wouldnt happen again.So when this persistant tosser wouldnt take notice of the polite notes i left on his car i took action.(never managed to catch getting in his car.)Came home one day and found the car parked across the drive again.So took a rope lashed it around the tow hitch on my RangeRover and dragged it in to the road.A few hours later a police went past.Thought it was an abandoned vehicle and towed it away.He never done it again.
I had to look into this once and my research turned up the fact that it is not against any law for them to block the dropped curb. Not sure why police are getting involved, unless it is blocking emergency access routes etc. This is a civil matter so theoretically only recourse it to sue them.
greysquirrel said:
I had to look into this once and my research turned up the fact that it is not against any law for them to block the dropped curb. Not sure why police are getting involved, unless it is blocking emergency access routes etc. This is a civil matter so theoretically only recourse it to sue them.
That is what I suspected. I have found nothing saying blocking a drive way is illegal. Inconsiderate, yes, but not technically illegal.
Jon H
jon h said:
greysquirrel said:
I had to look into this once and my research turned up the fact that it is not against any law for them to block the dropped curb. Not sure why police are getting involved, unless it is blocking emergency access routes etc. This is a civil matter so theoretically only recourse it to sue them.
That is what I suspected. I have found nothing saying blocking a drive way is illegal. Inconsiderate, yes, but not technically illegal.
Jon H
It amazes me that there are people out there so inconsiderate that they would park in front of your access. If it ever happened to me I would be very upset.
JWB said:
It amazes me that there are people out there so inconsiderate that they would park in front of your access. If it ever happened to me I would be very upset.
it doesn't me anymore, i park in a small car park of 10 spaces designed for the residents of the street, in my household we have 2 small cars (astra and mini) but most of my neighbours have quite large cars (eg: Vectra, 5-Series and Fiat campervan), yet they are incapable of reversing all the way back in the space so their wheels touch the kerb.
this means it has become impossible to reverse into one of the spaces in one manouver, yet they all inconvienience themselves aswell!
why can't they just move their cars back that extra foot and make everyones life easier, there's grass behind the spaces so its not like they need access to their boots or anything. idiots. the lot of them.
Viper said:
talking of dropped curbs, roughly how much does it cost to have the council drop one in ?
Probably twice as much as a private contractor. Get some quotes...but you need to approach the council for planning permission to drop the kerb...and the gas and electric companies to locate their pipes/cables. It's all formality and I don't think you can be reasonably refused.wrinx
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