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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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A public adopted road ends at the boundary of my property.

Resolved Question:

A public adopted road ends at the boundary of my property. Between my boundary fence and the tarmac of the road is a 2.3 metre width verge of grass and gravel, and a row of kerbstones. This verge is the only way that pedestrians can pass without stepping
into the road. If I apply to the local authority to make an entrance (sometimes called a "dropped kerb") using their nominated contractor can they refuse to allow it? The area outside my boundary fence is a housing estate owned by the same local authority.
Could they claim a "ransom strip"?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Please see if you can find someone to answer the question. The attached file may be helpful.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Please keep looking. I don't understand - this is not a difficult question.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. It may well be more complicated than you think, as if it was easy someone would probably have answered it by now!
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
I have an email from you asking for additional details. What details do you need please?
Expert:  Nicola-mod replied 1 year ago.
Hello,
No further information is needed at this time - that is an automated email unfortunately.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. Firstly, your local authority can refuse to grant you access to the public highway. Additionally, even if you owned the entire strip to the highway, they could do so without paying you compensation by using their powers under section 80 of the Highways Act (Supreme Court decision in Cusack v London Borough of Harrow [2013]) to block off the highway from your access.
2. Secondly, there is nothing to prevent your local authority as owner of the strip in front of your property, between your boundary and the road, from demanding a "ransom" payment to access the highway over this piece of ground. There is nothing compelling ethical behavior on the part of the local authority when it comes to negotiating a price with you.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience: Barrister 17 years experience
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