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House situated on a farmers track, local authority+police no teeth

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  • House situated on a farmers track, local authority+police no teeth

    Hi, I live in Lincolnshire and our house is situated down a track. This track is owned by the farmers who lives further up the lane. The lane itself is a public highway and a no through road. These farmers are well known for their lack of thoughtlessness to all of us that live around their land. There are two houses down the track (us and a neighbour) and further at the end of the no through road is a house there. The farmers have it seems used the road as if it were theirs. The road is a one-vehicle rural road. They do not clean the road at any time at all unless asked several times. The road is now in a complete mess, and this is mud and slurry along with a very broken potholed road, which is mainly due to their usage. I ride a motorbike and I cannot always use the road, therefore I have been inconvenienced many times, by cancelling appointments or just cancelling a ride out. Do they care? After my conversation with one of the farm owners (owned by two brothers), I felt more threatened than at ease with the situation. I wrote down as much as I could remember straight after the man left. The police have told me that my situation does not warrant their help and to ask the farmers to clear the road. The council are no better either. We go on fix my street every week to complain and nothing gets done. Although they have said it is due for repair. We were given a date between November 25th to Dec 12th 2018.

    I love my bike and I love to go out as a sufferer of deep depression my bike gives me relief from my chronic pain world. Sorry, the meeting with the farmer. He didn't want to take responsibility for the mud, as he said it was the local authorities job to ensure the drainage to the ditches was their job. And that the mud, when cleaned up with the brushes would just go to the sides. Therefore it wasn't worth their time doing it. All of our cars are thick with mud and our cars are being constantly repaired. For these, the authority gets a bill and they are supposed to pay for the damage. I recently put in a request for payment as my £200 motorcycle boots now were useless as I had to keep my feet on the ground to stop me falling. My bike is heavy and trying to control it on two wheels on mud and grit is horrendous.

    So there is my problem. I need to know what the law is with regard to the mud as the authorities do not want to deal with it. And my guess they have had enough dealings with these farmers they want no more to do with them. And what rights do we have living down a track that allows us to live in our homes? We own our land and home, but we don't own the track/road. The farmers want us to pay for repairing the track and they would lay it. Well, this has been done before and later when the farmer needs to get to the land their machinery tears it all up and they won't repair it.

    These are nasty farmers. I await your replies.

  • #2
    Hi and welcome.
    From your post I'm not sure of the status of this road.

    However, assuming it is a private, unadopted road, the local highway authority (the county council or unitary authority) is not responsible for maintenance. although it can intervene under existing legislation to repair it.

    Responsibility for the cost of maintenance of a private or unadopted road rests with the frontagers; that is, the owners of properties with frontages on such roads (“owners of the premises fronting the street”).

    Under section 203 of the Highways Act 1980 “fronting” includes adjoining. Even if it is not the frontagers who ‘own’ the road but a third party such as a property company, it is the frontagers who are referred to in the legislation. The highway authority may therefore only deal with them and is not concerned with the owners of the road.

    That Act allows the LA to carry out repair work to such roads under certain circumstances at the expense of the frontagers.


    Regarding the mud on the road:
    • Section 148 of the Highways Act 1980 makes it an offence to deposit mud etc. on the highway that would interrupt other users of the highway.
    • Section 149 of the Highways Act 1980 gives the highways authority the power to clean the road and recover its expenses from the person causing the obstruction.
    • Section 161 Highways Act 1980 “If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence
    Viewing the fact the mud endangers your safety whilst riding your motor cycle you might like to go back to your local police station, see the station inspector and complain about the earlier response.

    Comment


    • #3
      This may help a little.

      http://researchbriefings.files.parli...02/SN00402.pdf

      by the way, have you tried a SAD light?

      Comment


      • #4
        Originally posted by 2222 View Post
        This may help a little.

        http://researchbriefings.files.parli...02/SN00402.pdf

        by the way, have you tried a SAD light?
        Thank you. SAD lights would have no effect sadly. And thank you for the input, it is much appreciated.

        Comment


        • #5
          des8 T
          Thank you for the info and what should be my next step. It is sad we have no law to protects us from these people.

          Comment


          • #6
            "SAD lights would have no effect sadly."

            Comment


            • #7
              Originally posted by UFOned View Post
              des8 T
              Thank you for the info and what should be my next step. It is sad we have no law to protects us from these people.
              Viewing the fact the mud endangers your safety whilst riding your motor cycle you might like to go back to your local police station, see the station inspector and complain about the earlier response.
              Quote to him: Section 148 of the Highways Act 1980 which makes it an offence to deposit mud etc. on the highway that would interrupt other users of the highway.

              Comment


              • #8
                Originally posted by des8 View Post

                Viewing the fact the mud endangers your safety whilst riding your motor cycle you might like to go back to your local police station, see the station inspector and complain about the earlier response.
                Quote to him: Section 148 of the Highways Act 1980 which makes it an offence to deposit mud etc. on the highway that would interrupt other users of the highway.
                Not liking to disagree with you des but would the police care?

                Comment


                • #9
                  Originally posted by wales01man View Post

                  Not liking to disagree with you des but would the police care?
                  possibly/probably not, but it might work.

                  other courses involve council, involve local councillor, complain to CEO etc but at end of day they will plead poverty!


                  and please continue disagreeing. It's what makes the site work and it's good to hear from you.

                  Comment


                  • #10
                    Thanks DES hows west wales might go for a visit this year plenty of mud on the lanes round there

                    Comment

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