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Aaron D
Aaron D, Barrister
Category: Property Law
Satisfied Customers: 150
Experience:  LLB, BPTC
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Can a neighbour, who has a right of access to my private

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Hi - Can a neighbour, who has a right of access to my private drive, also ride an unregistered, uninsured and untaxed motorcycle, with no crash helmet, up and down said drive? If not how do I stop him?
JA: Where are you? It matters because laws vary by location.
Customer: I'm in Sandford, Dorset UK
JA: What steps have you taken so far?
Customer: I have asked him not to do it as I believe I might be liable in the event of an accident
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I don't think so, thanks

Hello, thank you for your question.

Depending on the layout of the road/ driveway and the number of people that have access this may still be classed as a "Public Place" for the purposes of Road Traffic legislation. If so, then these issues are criminal and you could report them to the Police if you wished too. Even if you are unsure then you could always try phoning 101, some forces are more helpful than others and you might find that a constable is willing to go and have a word with him even if he is only driving on private land.

I note that your concern is that you might be liable in the event of an accident. I don't really understand why you would be worried about this. As a general rule you can only have a civil claim brought against you if you have done something wrong. So if he crashed his bike, you would have to have done something to have caused him to crash. If you'd left a load of gear out on your driveway and he crashed into it then maybe you could be liable, in the same way that if a pedestrian fell over it you might be liable. But, if you are leaving the right of way clear, then you aren't doing anything wrong.

Is there a particular reason why you thought you might be liable in the event of an accident?

If your concern is about the noise and that being a nuisance to you then you could look to obtain an injunction to stop him riding excessively up and down. then you can get some useful tips here: https://www.gov.uk/how-to-resolve-neighbour-disputes/take-action-through-the-courts. The key is where possible try not to escalate things as neighbour disputes regularly get out of hand.

Ultimately if none of this works then in theory you could apply to the courts for an injunction but these are complex applications and can be very expensive indeed.

I hope this helps, if you can please accept my answer and rate me (hopefully 5 stars!) in the top right of your screen then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Customer: replied 7 days ago.
The reason for my concern about liability is that it could be interpreted that by not stopping him or more accurately not being able to stop him, I would be condoning his actions and therefore responsible. Also suppose he hit a pot-hole or bump and crashed and injured himself or others.

You only have to do what is reasonable, you cannot stop him driving up and down if he has a right of way. You generally do not have a duty to stop people doing stupid things, you only have to make sure that people using the land for it's intended purpose are safe i.e. sensible drivers and pedestrians.

Yes, if the road surface is of such a poor quality that it causes an accident then in theory you might be liable but that is no different to an insured biker or car driving over the right of way. As a property owner you always have a duty under occupiers liability to ensure that your land is sufficiently safe for members of the public. If there are pot-holes then you would have to either repair them or put up warning signs sufficient to warn pedestrians and drivers of the hazard.

Aaron D and other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Many thanks for your help and advice.

You are most welcome. I hope you manage to find an amicable solution somehow.