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Grass verges

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taffinnorfol | 10:30 Fri 27th Apr 2007 | Law
5 Answers
We live in a cottage on a fairly narrow rural lane. Our frontage is a grass verge, ranging in width from 1' to 2'6" between our hedge and the road. In winter we find that lorries and tractors chomp into the verge and it has halved in width in places due to this erosion. Some of this is because our neighbour has allowed a tree to hang over her verge so that vehicles do not inflict the same damage to hers! Vehicles therefore "tuck in" on our verge to enable oncoming traffic to pass.
We want to repair the damage to our verge. In surveying it, we find that our neighbour has created, albeit before we moved in, a yawning gouge in our verge, some 6' on our side of the boundary line, with a pipe leading to her pond. She mows right up to this sump and claims it is necessary to draw water off the road but it has been dry for the last 5 years and does not work! The frontage of our property is made to look much shorter because of where the sump is, rats live in the pipe and rubbish collects in the 2' square gouge in the verge which I then have to clear up!
My question is this - if the neighbour, as I suspect, refuses to relocate her sump onto her side of the boundary line, could I legitimately give her notice and then fill it in on the basis that it is (a) on our side of the boundary and (b) is ineffectual anyway?
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I have a neighbour like this and i have allowed them to get away with murder over years. They are otherwise normal rational people but they have an obsession to make their property look wider. May i suggest you contact your local highways department who will be happy to send one of their experts round to advise you.. For one thing it is illegal to drive on a grass verge and the council may put up some posts for you. Try and keep it friendly.
As suggested I'd get highways advice. It's not 'your' verge it's theirs. They will be interested to hear about illegal apparatus in the highway (hedge to hedge is highway) too if her sump and pipe were not licenced.
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Hi johnny37 and teag1rl,
Many thanks for what appears to be very sound advice. Sometimes you need an objective, detached view to see the wood for the trees! We, and previous occupants of our house before us, have found the neighbour VERY difficult on every conceiveable issue (I won't bore you!). I'll speak to the Highways Dept.. Thanks again!
yes, its not your verge, it is a public highway and you have no legal rights over it - however as has been said explain your problem to the council and they may address the problem.

how about finding some largish boulders and stones and creating a sort of rockery along the front?
cars will avoid that.
Well try the above, but if this is a rural road, then it would be really unusual if you didn't own the land up to the road edge - hedge or none. Often the key indicator is in the council come around mowing it. Have you inspected your title plan recently.

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