Editor's Blog0 min ago
Laws on dropped kerbs??
4 Answers
Hi all, I'll explain the situation first, I live in a normal residential road, the bloke almost over the road had his kerb lowered outside his house the other week (it spans his garden and his next doors garden). Both of the houses it covers have proper gardens with brick walls.
Am I correct in thinking that, as there's no proper off road parking for him i.e on his property and as there are no yellow lines, that I can still park on the dropped kerb?
He's started putting cones on the bit of the kerb where it's dropped and removing them when he gets home so he has somewhere to park! Last night I had to park about 50 doors down and was annoyed to see the cone he'd placed there so I moved it, I only placed it in his garden to be fair, but my parents moaned at me today when I told them!
He cannot legally reserve himself a space can he? If he can, surely everyone would be doing it!!!
Sorry for the rant ha ha.
Kate x
Am I correct in thinking that, as there's no proper off road parking for him i.e on his property and as there are no yellow lines, that I can still park on the dropped kerb?
He's started putting cones on the bit of the kerb where it's dropped and removing them when he gets home so he has somewhere to park! Last night I had to park about 50 doors down and was annoyed to see the cone he'd placed there so I moved it, I only placed it in his garden to be fair, but my parents moaned at me today when I told them!
He cannot legally reserve himself a space can he? If he can, surely everyone would be doing it!!!
Sorry for the rant ha ha.
Kate x
Answers
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Firstly, no one has the right to park on the public highway, it was meant for passing and re-passing.
It is unlawful to use cones, wheelie bins, etc. to reserve a parking space. Your Local Authority should be able to deal with this matter.
As to the dropped kerb, the situation as described sounds suspicious to me.
The Local Authority would normally give approval for a vehicle crossing or dropped kerb only if it gave access to an area for parking within the property and they would usually specify that any walls, fences, etc. be removed to make such an area before installation of the dropped kerb.
If it is the case that your neighbour has received no approval then he has acted illegally and the Local Authority has the power to remove a dropped kerb if it has been constructed without permission.
The construction of a vehicle crossing does not give the property owner any particular rights, except to drive across the footway to gain access to their property. The crossing itself is part of the public highway once it is satisfactorily completed and as such no one person has more (non-)right than another to park there provided the parked vehicle does not obstruct access to the highway of a car parked on the property.
http://www.direct.gov.uk/en/HomeAndCommunity/W hereYouLive/StreetsParkingCleaningAndLighting/ DG_10026223
It is unlawful to use cones, wheelie bins, etc. to reserve a parking space. Your Local Authority should be able to deal with this matter.
As to the dropped kerb, the situation as described sounds suspicious to me.
The Local Authority would normally give approval for a vehicle crossing or dropped kerb only if it gave access to an area for parking within the property and they would usually specify that any walls, fences, etc. be removed to make such an area before installation of the dropped kerb.
If it is the case that your neighbour has received no approval then he has acted illegally and the Local Authority has the power to remove a dropped kerb if it has been constructed without permission.
The construction of a vehicle crossing does not give the property owner any particular rights, except to drive across the footway to gain access to their property. The crossing itself is part of the public highway once it is satisfactorily completed and as such no one person has more (non-)right than another to park there provided the parked vehicle does not obstruct access to the highway of a car parked on the property.
http://www.direct.gov.uk/en/HomeAndCommunity/W hereYouLive/StreetsParkingCleaningAndLighting/ DG_10026223
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