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Roadside verge ownership

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  • Roadside verge ownership

    I want advice on ownership and rights concerning a small strip of land at the end of my garden that backs onto a small road. There is a variable strip along the back of gardens up the road varying from zero to about three feet between back garden fences and the carriageway. My property deeds don’t show any strip but the garden and road are delineated by a red line only. Although my fence posts which are not completely rotten are between 1-2 feet from the road, this creating the strip, it seems to me they may have been placed there simply for convenience rather than marking a boundary because the land slides away a bit. My issue is now the council want to widen the road into this strip. However I’m not sure they actually own it, and further more they have asked that the hedges along the road which have now extended beyond the strip and now border the carriageway be cut back to the beginning of the strip ie. the fence posts. They are not currently obstructing the highway but if the road is extended into the strip they would do. What I want to ask is how I can be sure about the ownership and rights to the strip and whether in this sityatiob residents can be forced to cut back the hedges at their expense. Thanks.
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  • #2

    The highway normally extends from fence line to fence line and includes verges.
    The red line is only indicative and not necessarily an exact delineation.
    If you want to find your exact boundary you will need to determine it at your own cost. https://www.gov.uk/government/public...ned-boundaries
    Your ownership probably includes the land underneath the road surface and under the grass verge, the top bit being the responsibility of the local road authority.
    If owners do not trim back their hedges the LA could do the work and then charge the owners.

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    • #3
      Thank you.
      I understand the general principle fence to fence but I guess that assumes the fence marks the property boundary.
      I suspect there is a general boundary only.

      If the council wish to widen the road into the verge, and I own the soil beneath the surface, can I argue then that they require my permission to dig into it?

      Also, I understand that vegetation should not obstruct a highway - and could be removed at the owners expense, but in this specific case there is at present no obstruction, and the obstruction is created by the council wishing to widen the highway, so their actions are creating the obstruction. Does this make a difference?

      Comment


      • #4
        Originally posted by JohnNicholas View Post
        Thank you.
        I understand the general principle fence to fence but I guess that assumes the fence marks the property boundary.
        I suspect there is a general boundary only.

        If the council wish to widen the road into the verge, and I own the soil beneath the surface, can I argue then that they require my permission to dig into it? No

        Also, I understand that vegetation should not obstruct a highway - and could be removed at the owners expense, but in this specific case there is at present no obstruction, and the obstruction is created by the council wishing to widen the highway, so their actions are creating the obstruction. Does this make a difference?
        If the vegetation is overhanging the verge it is causing an obstruction. If the council wish to widen the metalled road surface of the highway they will require the overhanging vegetation removed.

        I'm all in favour of ensuring councils keep to the rules, but in this case I think you'll be fighting a losing battle

        Comment


        • #5
          OK - thanks for the advice!

          Comment

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