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tdlawyer
tdlawyer, Lawyer
Category: Property Law
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Experience:  Lawyer with 9 years experience of advising on property issues.
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I have a question regarding the legality of my neighbour removing

Resolved Question:

I have a question regarding the legality of my neighbour removing a roadside sign we had attached to council road sign on an unadopted road.
We attached a sign to direct customers to our campsite to the council roadsign approx 200 yards along the road outside our neighbours property. The roads on the estate are unadopted, and the sign is not attached to his property. We spoke to the council and they have no problem with us doing this as the road is unadopted.
Is the neighbour within his rights to keep taking this sign down every time I put it up. Surely he is interfering with our property. AS I understand it we are within our rights to place the sign there. Any advice you could give would be appreciated.
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can assist you with this.

tdlawyer :

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.

tdlawyer :

However, it is well worth checking ownership of the unadopted road.

tdlawyer :

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.

tdlawyer :

This would mean that there is usually a formal mechanism in place for working out who is entitled to do what.

tdlawyer :

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.

Customer:

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

tdlawyer :

I can't see any basis upon which he, alone, would have the right to interfere with your sign.

tdlawyer :

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.

tdlawyer :

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.

tdlawyer :

Do you wish to explore anything further about this with me?

Customer:

No that's fine, thanks

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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