Hello, thank you for your question. My name is ***** ***** I can assist you with this.
If the council have no issue with you placing a sign on their property, which itself is situated on property belonging to others, then there is no issue as far as I can see.
However, it is well worth checking ownership of the unadopted road.
Normally, they are owned by the state company, or something in common ownership, with every individual having a say in the running and maintenance of the common parts.
This would mean that there is usually a formal mechanism in place for working out who is entitled to do what.
If there is an estate company, then the directors of that company will have the say, subject to any resolution the shareholders might pass at a general meeting.
The roads have been unadopted for years, with no estate company as far as I'm aware my question is - is the neighbour within his rights to take down the sign. the sign is obvioulsy our property which he is interfering with
I can't see any basis upon which he, alone, would have the right to interfere with your sign.
But my point about checking the ownership of the road, is an important one, because if there had been a company, for example, the directors could have given him permission to remove the sign. That would be on the basis that the sign is trespassing by being in air space owned above the unadopted road.
If, as you say, there is no state company, and obviously that is not going to be a scenario you need to worry about. It is worth checking, however, what the true ownership position is.
Do you wish to explore anything further about this with me?
No that's fine, thanks