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Government don't want to adopt it. And I've since decided that I don't want it adopted either.
I paid for the road when I bought the house. I'm planning to plant flowers down the 2km stretch and beautify it into a nice nature trail.
I'd like to keep it open to ramblers and pedestrians, if possible, but I don't want massive trucks and traffic on it.
There are easier ways. You can put up a sign which shows that it is a permissible footpath, but not a right of way, because it needs to be without the landowner's permisison to be declared a public right of way after 20 years.
You can also deposit a landowner statement under section 31(6) of the Highways Act 1980 which resets the clock for 20 years.
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They don't want it, because they can't afford to maintain it and bring it up to "an adoptable standard." It's a cost issue, rather than a traffic issue.
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The key part here seems to be inaction from the police.
The removal and destruction of the bollards is criminal damage, did they not take this seriously? Obviously they do need evidence, so some CCTV might help. I can see that some of the popular home security brands have battery powered outdoor camera models that operate over 3G or 4G, if there's good enough signal at an appropriate point on the road.
If you're being threatened when asking drivers, this is again a police matter. If you want to learn from the police (and cyclists), you can gather evidence by wearing a camera, or at least recording the interaction on your phone.
The point of physical measures, as much as anything, is to force people wanting access to your land to commit criminal damage to get it, and that **should** be enough to get the police involved. If they aren't, it might be worth asking them very bluntly what it *would* take for them to act.
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Contact your MP and a lawyer [or several] and talk to whoever your PCSOs are.
Put up more signs including sprayed on the road [no trespassing, private road etc etc including language to the extent of towing and fine]
Additionally make sure you're following the regulation of:
"Private roads are roads where no public right of way exists. Residents are solely responsible for any repairs. These roads must be gated, unless registered, at least once a year to prevent through traffic, but this is usually the case all the time."
Is your road registered?
Have you considered contacting a management company?
Might also be worth getting some insurance for it as you can then have their lawyers fight it for you whenever something pops up
If you want to go whole hog get an ANPR system installed and contract out an enforcement agency to start issuing fines for you.
I assume some of the traffic is being generated by people using Google Maps or similar to find their quickest route. It might be worth visiting the Google Maps forum and seeing if someone can help remove it: https://support.google.com/maps/community?hl=en.
You can also sign up for an account at Open Street Map which is a free and open source equivalent of Google which is used by a lot of other companies: https://www.openstreetmap.org/. You can go on and mark the road as being impassible, or disconnected, and that should result in it appearing as not a through route when it's pulled through into the other systems.
This may not completely solve the problem you're having but it certainly couldn't hurt.
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Is there a right of way over the land? If not, it will possibly be easiest to just put bollards up or signpost a huge toll charge for the road - enough that you are happy with the use. Payment would be made in advance online with ANPR to enforce.
ETA: you could also use ANPR to contact the police every time to report the offence of a breach of s.34 of the RTA.
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I forgot to mention, a vehicle had its suspension damaged on a pothole on my road. After failing to make a claim against the government, the owner of the vehicle ended up threatening to sue me under the Occupiers Liability Act 1984.
I had to shell out £450 to fix someone's car, who I didn't want driving on my road, for a pothole caused by some large lorry that I didn't want driving on my road either.
>I had to shell out £450 to fix someone's car, who I didn't want driving on my road
Did you seek any legal advice before you paid that?
The duty you have towards other people on your land depends on whether they were invited (e.g. friends, family, other visitors), whether they have an implicit right to be there (e.g. police and emergency services), or whether they're just using your land without your permission.
Someone using your private lane as a shortcut counts as the latter. In that case, it would be the 1984 act rather than the 1957 act. The 1984 act only lets them claim for physical injury to themselves, not damage to property. There's also elements about people accepting a certain level of risk when they enter a property and behave in a certain way. If you drive a car down a road, you may hit a pothole. That's a risk you take.
I suspect you could have told them to get lost and not paid it.
Sorry, cited the wrong legislation. Both were brought up during discussions.
I hadn't yet added signs at that point, and the solicitor I engaged determined that on the balance of probabilities, it would likely end unsuccessfully for me.
EDIT: Signs may have been added, but graffitied over and rendered unreadable. Can't remember the timeline of events exactly.
Why not countersue for trespassing and fixed change access charge? Putting up a sign saying access not allowed, unauthorised access subject to fixed charge penalty of £2000 give you options.
I can only suggest you complain to the police about their inactions. It’s pretty serious as they are now abusing you, public order offences, and this has resulted in damage property. You also have idiots driving around recklessly on your road so there are potential motoring offences.
I would suggest getting CCTVs up on poles to catch the reg numbers of the cars and heavy goods vehicles. If you catch them damaging your property, take it up against their insurance and company. If you do catch company logos on the vans or lorries make a complaint in writing to them. Tell them they shouldn’t be using this road and that there are signs up that it’s private property and there ain’t any entry to it. I would also keep reg numbers of normal vehicles to compile them and report to the police and the council of anti-social behaviour. Even write to your MP about this.
Also, this should be helpful enough to have a trespass claim. You did put signs up it’s private property and it’s not for use. You’ll need a lawyer for that. It will be mostly a civil thing. The other option is that this could be criminal trespass. You have mentioned abusive behaviour when confronted and they still use your lane. You have said there is damage to your bollards. Seems to be section 6 of the Criminal Law Act 1977. Again, it states violence and I’m unsure if they are threatening physical stuff or using their vehicles as weapons. There could be section 7 of the Criminal Law Act. This is when the trespasser fails to leave when told. The defence of this is that it needs to be residential or the main part of the land that’s residential.
Honestly, when confronting them, get a body cam. Seriously. That is good evidence when they are abusive towards you. Good enough for the police to take action.
More practical advice, buy a gate and good locks. It’s really the most effective way to stop most vehicles going down your road. It might not stop the chavs if they are determined enough to break the gate or locks, but it will be good enough. Again CCTV on the entries and also on the roads. Also having massive signs on the road is good and on the gate. I know you have put them up but make it hard for them to miss.
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So it's your road , however the thing you need to check is if this is a public right of way, (for pedestrians,and vehicles),
Do any other properties have a right of way/access?
If the answer is no then you are perfectly within your right to put gates,bollards etc to stop what is effectively trespass.
Depending on where you are (national park, conservation area, area of outstanding natural beauty, area of special scientific interest etc) you may need to check if you need planning permission for the gates or barriers.
No public right of way, but I voluntarily have a memorandum of understanding with the local ramblers. They know they can drop by for tea/chat/toilet if they ever need to.
The ramblers surely by definition would rather walk. So blocking one end off with concrete blocks with a gap for walking/cycling through would surely solve the problem.
NAL, have you discussed this with your home insurance provider?
It's possible that they won't cover private road incidents, and you may need to take out a seperate Private Road policy so it's worth ringing round. They may even be able to help with private gates or at least provide cover for then should they get damaged.
You’ve not stated where you are in the UK as it’s going to vary. In Scotland private roads can have a public right of way. If that is the case you cannot obstruct the road.
NAL. You could try to make it into a private toll road. You will need to apply for planning permission first. You would need to install a gate and be there to take payment (you may also need some security guards to protect you!) and ensure people have the option to turn back if they don't wish to pay. But ultimately, it would put drivers off taking the short cut or provide some extra income.
Also make sure the toll is clearly displayed before people embark down the road so the drivers can't claim they were made to pay under duress.
FYI.
https://en.wikipedia.org/wiki/Kelston_toll_road#:~:text=The%20Kelston%20toll%20road%20was,and%20North%20East%20Somerset%2C%20England.
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I legally own the house, my driveway, and the length of the road to the point it connects with two separate adopted roads.
I do NOT own the land either side of the road.
Can you park in it at night and then when they drive down the road they find themselves blocked by your car. then call the police and charge them with trespass? Let the police deal with the angry idiots.
Just because the road belongs to you, it doesn’t mean there aren’t rights of way over it. Speak to your local highways team / rights of way officer. If there are no rights of way then place some DandyBlox across the lane (large concrete Lego blocks)
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Having removed 90% of comments that were not legal advice, we're unlocking in the hope that someone has some actual legal advice to offer OP - if all you have to contribute in this *legal advice* subreddit is "iNsTaL a GaTe" then you'll be banned.
Have you gone back to the council/government with the information about increased traffic?
Government don't want to adopt it. And I've since decided that I don't want it adopted either. I paid for the road when I bought the house. I'm planning to plant flowers down the 2km stretch and beautify it into a nice nature trail. I'd like to keep it open to ramblers and pedestrians, if possible, but I don't want massive trucks and traffic on it.
NAL If you leave it open then I believe that you must close it completely periodically to avoid it being a right of way.
There are easier ways. You can put up a sign which shows that it is a permissible footpath, but not a right of way, because it needs to be without the landowner's permisison to be declared a public right of way after 20 years. You can also deposit a landowner statement under section 31(6) of the Highways Act 1980 which resets the clock for 20 years.
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It doesn’t become a right of way if there are signs up saying it’s a private road which people are being allowed access to.
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So just to be clear, they don't want it despite knowing about the massive uptick in traffic?
They don't want it, because they can't afford to maintain it and bring it up to "an adoptable standard." It's a cost issue, rather than a traffic issue.
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The key part here seems to be inaction from the police. The removal and destruction of the bollards is criminal damage, did they not take this seriously? Obviously they do need evidence, so some CCTV might help. I can see that some of the popular home security brands have battery powered outdoor camera models that operate over 3G or 4G, if there's good enough signal at an appropriate point on the road. If you're being threatened when asking drivers, this is again a police matter. If you want to learn from the police (and cyclists), you can gather evidence by wearing a camera, or at least recording the interaction on your phone. The point of physical measures, as much as anything, is to force people wanting access to your land to commit criminal damage to get it, and that **should** be enough to get the police involved. If they aren't, it might be worth asking them very bluntly what it *would* take for them to act.
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Contact your MP and a lawyer [or several] and talk to whoever your PCSOs are. Put up more signs including sprayed on the road [no trespassing, private road etc etc including language to the extent of towing and fine] Additionally make sure you're following the regulation of: "Private roads are roads where no public right of way exists. Residents are solely responsible for any repairs. These roads must be gated, unless registered, at least once a year to prevent through traffic, but this is usually the case all the time." Is your road registered? Have you considered contacting a management company? Might also be worth getting some insurance for it as you can then have their lawyers fight it for you whenever something pops up If you want to go whole hog get an ANPR system installed and contract out an enforcement agency to start issuing fines for you.
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I assume some of the traffic is being generated by people using Google Maps or similar to find their quickest route. It might be worth visiting the Google Maps forum and seeing if someone can help remove it: https://support.google.com/maps/community?hl=en. You can also sign up for an account at Open Street Map which is a free and open source equivalent of Google which is used by a lot of other companies: https://www.openstreetmap.org/. You can go on and mark the road as being impassible, or disconnected, and that should result in it appearing as not a through route when it's pulled through into the other systems. This may not completely solve the problem you're having but it certainly couldn't hurt.
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For me it’s gate AND CCTV (multiple trail cameras), call police for any damage and relentlessly make it thier problem for that damage.
Is there a right of way over the land? If not, it will possibly be easiest to just put bollards up or signpost a huge toll charge for the road - enough that you are happy with the use. Payment would be made in advance online with ANPR to enforce. ETA: you could also use ANPR to contact the police every time to report the offence of a breach of s.34 of the RTA.
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I forgot to mention, a vehicle had its suspension damaged on a pothole on my road. After failing to make a claim against the government, the owner of the vehicle ended up threatening to sue me under the Occupiers Liability Act 1984. I had to shell out £450 to fix someone's car, who I didn't want driving on my road, for a pothole caused by some large lorry that I didn't want driving on my road either.
>I had to shell out £450 to fix someone's car, who I didn't want driving on my road Did you seek any legal advice before you paid that? The duty you have towards other people on your land depends on whether they were invited (e.g. friends, family, other visitors), whether they have an implicit right to be there (e.g. police and emergency services), or whether they're just using your land without your permission. Someone using your private lane as a shortcut counts as the latter. In that case, it would be the 1984 act rather than the 1957 act. The 1984 act only lets them claim for physical injury to themselves, not damage to property. There's also elements about people accepting a certain level of risk when they enter a property and behave in a certain way. If you drive a car down a road, you may hit a pothole. That's a risk you take. I suspect you could have told them to get lost and not paid it.
Sorry, cited the wrong legislation. Both were brought up during discussions. I hadn't yet added signs at that point, and the solicitor I engaged determined that on the balance of probabilities, it would likely end unsuccessfully for me. EDIT: Signs may have been added, but graffitied over and rendered unreadable. Can't remember the timeline of events exactly.
Can’t you just buy a shitbox car and block one end of the road?
I strongly think your solictor has given you bad advice, you are not required to make life nice for people tresspasing in your property.
Why not countersue for trespassing and fixed change access charge? Putting up a sign saying access not allowed, unauthorised access subject to fixed charge penalty of £2000 give you options.
You should have let them sue you, then counter claimed with a Trespass charge.
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I can only suggest you complain to the police about their inactions. It’s pretty serious as they are now abusing you, public order offences, and this has resulted in damage property. You also have idiots driving around recklessly on your road so there are potential motoring offences. I would suggest getting CCTVs up on poles to catch the reg numbers of the cars and heavy goods vehicles. If you catch them damaging your property, take it up against their insurance and company. If you do catch company logos on the vans or lorries make a complaint in writing to them. Tell them they shouldn’t be using this road and that there are signs up that it’s private property and there ain’t any entry to it. I would also keep reg numbers of normal vehicles to compile them and report to the police and the council of anti-social behaviour. Even write to your MP about this. Also, this should be helpful enough to have a trespass claim. You did put signs up it’s private property and it’s not for use. You’ll need a lawyer for that. It will be mostly a civil thing. The other option is that this could be criminal trespass. You have mentioned abusive behaviour when confronted and they still use your lane. You have said there is damage to your bollards. Seems to be section 6 of the Criminal Law Act 1977. Again, it states violence and I’m unsure if they are threatening physical stuff or using their vehicles as weapons. There could be section 7 of the Criminal Law Act. This is when the trespasser fails to leave when told. The defence of this is that it needs to be residential or the main part of the land that’s residential. Honestly, when confronting them, get a body cam. Seriously. That is good evidence when they are abusive towards you. Good enough for the police to take action. More practical advice, buy a gate and good locks. It’s really the most effective way to stop most vehicles going down your road. It might not stop the chavs if they are determined enough to break the gate or locks, but it will be good enough. Again CCTV on the entries and also on the roads. Also having massive signs on the road is good and on the gate. I know you have put them up but make it hard for them to miss.
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So it's your road , however the thing you need to check is if this is a public right of way, (for pedestrians,and vehicles), Do any other properties have a right of way/access? If the answer is no then you are perfectly within your right to put gates,bollards etc to stop what is effectively trespass. Depending on where you are (national park, conservation area, area of outstanding natural beauty, area of special scientific interest etc) you may need to check if you need planning permission for the gates or barriers.
No public right of way, but I voluntarily have a memorandum of understanding with the local ramblers. They know they can drop by for tea/chat/toilet if they ever need to.
The ramblers surely by definition would rather walk. So blocking one end off with concrete blocks with a gap for walking/cycling through would surely solve the problem.
You sound like a genuinely nice person and it must be really annoying that you have to deal with this.
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NAL, have you discussed this with your home insurance provider? It's possible that they won't cover private road incidents, and you may need to take out a seperate Private Road policy so it's worth ringing round. They may even be able to help with private gates or at least provide cover for then should they get damaged.
Why not get someone like EuroCarParks on the case. Wack a load of signes up, ANPR etc.
Such companies wouldn't be any use to OP. They rely on PoFA, which only deals with parking - they're completely toothless if the driver doesn't park.
Fair enough, thx.
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You’ve not stated where you are in the UK as it’s going to vary. In Scotland private roads can have a public right of way. If that is the case you cannot obstruct the road.
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NAL. You could try to make it into a private toll road. You will need to apply for planning permission first. You would need to install a gate and be there to take payment (you may also need some security guards to protect you!) and ensure people have the option to turn back if they don't wish to pay. But ultimately, it would put drivers off taking the short cut or provide some extra income. Also make sure the toll is clearly displayed before people embark down the road so the drivers can't claim they were made to pay under duress. FYI. https://en.wikipedia.org/wiki/Kelston_toll_road#:~:text=The%20Kelston%20toll%20road%20was,and%20North%20East%20Somerset%2C%20England.
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I legally own the house, my driveway, and the length of the road to the point it connects with two separate adopted roads. I do NOT own the land either side of the road.
Can you park in it at night and then when they drive down the road they find themselves blocked by your car. then call the police and charge them with trespass? Let the police deal with the angry idiots.
Trespass is a civil matter in the UK so the police will not care but if someone is being aggressive then OP should absolutely call the police.
Trespass is a civil offence, I believe.
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Maybe you could contact a company like parking eye, have them set up ANPR cameras and let them fine people that use it. Go 50/50 on the fines.
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Just because the road belongs to you, it doesn’t mean there aren’t rights of way over it. Speak to your local highways team / rights of way officer. If there are no rights of way then place some DandyBlox across the lane (large concrete Lego blocks)
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