Who owns soft margins?

Seasoft

In rural areas, on minor roads outside the front walls of dwellings there is usually a grass covered verge. These are usually maintained by the house owner.

However, who owns them, the house owner or the council? The reason I ask is due to the practice of some people of putting objects on the grass verge to stop vehicles from driving/parking on them.

Now I know it is illegal to park on a verge. But some of these objects are static, hard and low-lying, e.g. breeze blocks. Has the house-owner a right to put objects on the verge? If a car mounts a verge, regardless of reason, and is damaged by hitting such an object, who is legally responsible for repairs, or even injuries if they occur?

knotknowbody

The owner of the house owns the verge and the road out to the centre line in rural areas anyway, the general public just have a right of way over the road, as regards whether it is legal for the owner/resident to place objects in the verge, I don't know but it is dangerous and should not be legal.

Decoda

knotknowbody wrote: »

The owner of the house owns the verge and the road out to the centre line in rural areas anyway, the general public just have a right of way over the road, as regards whether it is legal for the owner/resident to place objects in the verge, I don't know but it is dangerous and should not be legal.

A bit of a stretch but possibly the Roads Act 1993 Section 70?


Dangerous structures, trees, etc.

70.—(1) (a) The owner or occupier of any structure and the owner or occupier of any land on which a structure is situated shall take all reasonable steps to ensure that the structure or the use of the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

DC

corktina

whoever put the object there would be liable I imagine

Mellor

knotknowbody wrote: »

The owner of the house owns the verge and the road out to the centre line in rural areas anyway, the general public just have a right of way over the road, as regards whether it is legal for the owner/resident to place objects in the verge, I don't know but it is dangerous and should not be legal.

Not always, even in rural areas.
Sometime people will own the verge, sometimes they won't.

AngryHippie

Its a big old grey area,
Obstructions such as a cavity block wouldn't be classified as a structure. If you drive into one and hit it, you would have left the road, and would be at fault as the vehicle operator.
IF they decide to construct a cavity block wall or kerb, aside from requiring planning permission, it would be their fault.
To the best of my knowledge in most rural areas, the landowner technically owns as far as the centre-line of the road, but has no right to alter it, and no obligation for upkeep of it, beyond removal of dangerous trees on thier own land, Council are usually responsible for water cuts etc. and on many occasions will sort out dangerous trees.

Sponge Bob

Very grey area. Generally once a wall is pulled back the council may 'take over' the land outside it at any time by consent ( you sign a form) and by custom at around 15 years it devolves to them. Until the council takes over the land some chancer could park on the tarmac outside your wall, damage their vehicle and sue you for it.

However you see stranded eircom poles outside walls with Hi Vis markers stuck to them ...often by the landowner who pulled the wall back many many years ago.