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Austaz

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  1. hi lamma and rory32, here is the response I have received from my County council highways regualtions department. "The dropped kerb area is still public highway, and as such the public have a right to pass and repass (basically you should not be parking on the crossover) but you have the right to cross from the carriageway to your property via the legally constructed access. It is against the law to block a legally constructed dropped kerb access to a property. The Police have power of enforcement, and you are within your rights to call the Police if someone has parked in such a way as to prevent you access or egress (the right of a person to leave a property in property law ) at your property. The Police have the power to request the vehicle be removed, or to remove the vehicle. The only time you would not have support of enforcement is if you were crossing the public highway illegally (bumping the kerb, driving over verge, driving over footway) to gain access to your property. If this were the case and someone parked where you illegally cross, then the Police could not be involved because you would be the one acting unlawfully, not the person parking outside the property. " So... whilst the public have a right to walk over the dropped kerb bit that forms part of the pavement, (which is what you would expect) it is illegal to block my access and exit ( as I have a legally constructed dropped kerb under licence) So whilst I hope it will not be necessary to involve the police at least I know that I can! and I havent wasted all that money by having the dropped kerb put in. Thank you all for your help.
  2. rory32 -thank you very much for the post - lamma - i have emailed the council and will post again if/when i geta response. once again thanks a lot.
  3. I dont think it is. Just a normal residential road. All houses have shared or extended driveways. I will email council but wont hold my breath for a reply.
  4. newbie here so apologies if I have posted in the wrong place. I have recently paid for a dropped kerb to be put in so that I can acess my off road parking in the front of my house. I currently share a drive way with my neighbour so I have extended my side so now I have shared bit which I have to use to acess garage and new bit to access off road parking at front of house. I had to apply for a licence from local council , this was granted but I had to pay for it myself, which of course I have done. Does anybody know what my legal rights are in stopping people parking across these and in so doing stopping me from entering and leaving my property. I have looked at the Traffic Management Act 2004 ( I think that is what its called) but I cannot understand it. I am having no end of problems with my neighbours visitors who just abanden their cars where ever they please. My neighbour has spoken to all her visitors but to no avail. When I tried to speak to them I was subject to a load of abuse and told that there is nothing I can do and that they can park where they want as its a Public Highway. Is this true. I have been told that the law changed recently so that it is illegal to block a driveway but I cannot find anything to prove it. thank you
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