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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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The house we own fronts on to a main road, but at the back

Resolved Question:

The house we own fronts on to a main road, but at the back it used to be farmland before the estate was built. Our plans show that the road at the back of the house is split half on our plans and half on the property owner opposite. The council have now marked a spot outside the back roughly about the middle of the fencing at the back on my side for a street light. I have had no notification and wonder what my rigts are on the matter. It may cause problems in future as it is directly were the post is cemented in for the fencing.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
wingrovebuyer : Hello. Do you know if the back lane is adopted highway?
Customer:

I'm not sure there are streetlights on it but I have never seen the council working on it. IThe road is also not in good condition.

wingrovebuyer : Do you mind giving me your postcode and I will try to check. WB
Customer:

OL16 2SW Number 4

Customer:

It is the road classed as Smithybridge road

Customer:

The back we are refering to is South View Terrace

Customer:

It is the shared back with Calliards

Customer:

We are classed as South View terrace ie what everybody uses as the bak is the actual address.

wingrovebuyer : Thanks. Whilst I haven't been able to confirm this definitively, South View Terrace does appear to be a public highway. This means that although a section of it may be on your deeds, the land is subject to public rights and subject to the local authority's rights to maintain a carriageway and, indeed, to install street lighting. My suggestion is that you contact the highways department of your local council and simply ask them to reconsider the position of the light. You could point out that it will cause a nuisance to your property with too much light coming in at night. They may agree to change the location, as your request is perfectly reasonable, but you msg do it before they install the new light. I am afraid you can't use your ownership of the land to stop it, because the land is subject to these highway rights. The highways de
wingrovebuyer : Department could also confirm that the lane is public highway. Of course, if it isn't, tell them it is your land and you do not consent to the light going on it. Best, WB
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