Ridiculous on the verging

With reference to your reply to A Z. (‘Virgin Terrritory’), I was a Highways Maintenance Engineer and was involved with such problems during my time. May I offer my experience on such matters? The verge and footpath is part of the Public Highway. Any object placed on the Public Highway (in this case) the verge fronting a property is an obstruction within the Highway and the Highways Authority would ask for it to be removed under the 1980 Highways Act. If a incident occurred as a result of a person or vehicle striking any such obstacle, for example a vehicle, builders materials, or Solid Objects to protect the householders assumed verge, then the householder would be liable for the damage caused as a result of placing or allowing to be placed such objects within the Highway. At my Authority we allowed the use of small white plastic posts to be erected for this purpose which if struck would cause minimal damage to person or vehicle.

Asked on 13 June 2009 by

Answered by Honest John

Many thanks for that clarification. I hope alarm has spread among Telegraph readers protecting their perceived boundaries that they could face crippling damages if their actions result in injury or death. However, there are cases on unadopted roads, in estates, in closes and on lanes where a property does extend all the way to the road. I used to live in one and once thought of protecting my lawn from drivers using it as a turning space, but quickly figured that anything I did might one day harm one of my cars, or my children. Highways Act 1980, sections 148, 161:- 148: If without lawful authority or excuse (c) a person deposits any thing whatsoever on a highway to the interruption of any user of the highway ..... he is guilty of an offence and liable to a fine not exceeding £50, or 161: If a person without lawful authority or excuse deposits any thing whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence and liable to a fine not exceeding £100.

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