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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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The long driveway to my house goes directly on to the public

Customer Question

The long driveway to my house goes directly on to the public highway. I wished to extend slightly an existing stone wall on my land towards the highway but stopping 3 metres short of the boundary to my land. My neighbour objected to the council who have now written to me to say that although they recognise I have title to the freehold land, they say it is "highway verge" although they have never maintained it, and that I cannot build without their permission which they will not give. I asked for proof of what they claim but all they do is send a map with the area shaded as "highway verge" which they tell me is all that they are required to do. What is my position please?
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.

Can you let us have a sketch of the area and what exists and what is proposed please?

How high will this wall be? Why has the neighbour objected?


Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Customer: replied 4 years ago.

Your response is irrelevent. Legal experts from my house insurance have confirmed the Council need only legally provide a copy of the Highway Dept maps to confirm their stance. Any construction on this land, although they recognise I have title, represents an illegal obstruction to the highway and its verge. What you have asked for has no bearing on this issue and I have already replied once stating that fact. Please recredit my credit card with £11

Expert:  Nicola-mod replied 4 years ago.

I'm very sorry you did not receive an answer to your question. I will process the refund for you and you should receive email confirmation that this has been done.

I do hope you will give JustAnswer a try again in the future,