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  • FIRST POST
    • killzusall
    • By killzusall 13th Jun 17, 1:23 PM
    • 275Posts
    • 13,124Thanks
    killzusall
    Raised driveway concerns
    • #1
    • 13th Jun 17, 1:23 PM
    Raised driveway concerns 13th Jun 17 at 1:23 PM
    Hi MSE forum goers, I'm hoping you'll be able to help me out!

    A few weeks ago we had our driveway block paved, our neighbour happened to be away at the time, but since they have come back they have complained as both of our driveways are ajoined and are now slightly different heights.

    The guy doing the driveway (driveway specialist with great reviews on Check-a-trade) had said he would create a slight incline to direct surface water towards our drainage solution - we didn't oppose this. Now it's done it's meant at it's highest point, our drive is a just over an inch (say an inch and a half) higher than our neighbour's drive, gradually tapering down over the length of the drive, but even at it's lowest point it is slightly higher (I'd say quarter of an inch) than the neighbour's drive.

    The neighbour is saying that we will be liable for anyone who trips on it. Where do we stand on this? Anyone accessing the property from the public footpath will have no risk of tripping, but if they cross boundaries to get to our property (as our postman tends to do), they could potentially trip.

    First and foremost, does this have to be rectified? And if so, would the guy who did the work have any obligation to rectify the work?

    Thanks
    Last edited by killzusall; 13-06-2017 at 1:28 PM.
Page 1
    • xyz123
    • By xyz123 13th Jun 17, 4:10 PM
    • 1,465 Posts
    • 362 Thanks
    xyz123
    • #2
    • 13th Jun 17, 4:10 PM
    • #2
    • 13th Jun 17, 4:10 PM
    Can't answer if it must be fixed

    However, re concern over somebody tripping, Can you put some fence to avoid any tripping issues. Doesn't need to be expensive fence. Just some wooden posts (fixed right at Edge of your side) connected with some rope will suffice.. Ofcourse you can do better job at fence..
    • killzusall
    • By killzusall 13th Jun 17, 6:38 PM
    • 275 Posts
    • 13,124 Thanks
    killzusall
    • #3
    • 13th Jun 17, 6:38 PM
    • #3
    • 13th Jun 17, 6:38 PM
    Can't answer if it must be fixed

    However, re concern over somebody tripping, Can you put some fence to avoid any tripping issues. Doesn't need to be expensive fence. Just some wooden posts (fixed right at Edge of your side) connected with some rope will suffice.. Ofcourse you can do better job at fence..
    Originally posted by xyz123
    I think there may be a no fence thing in the deeds, so I'll need to take a look, but if it does turn out I need to resolve then that would be the quickest/cheapest way - thanks for the idea xyz123!

    Ideally I'd like to find out that there isn't an issue.
    • unforeseen
    • By unforeseen 13th Jun 17, 7:00 PM
    • 1,536 Posts
    • 1,978 Thanks
    unforeseen
    • #4
    • 13th Jun 17, 7:00 PM
    • #4
    • 13th Jun 17, 7:00 PM
    With your neighbour mentioning the trip hazard I would keep an eye on him. He may 'accidentally' trip over the raised bit
    • PasturesNew
    • By PasturesNew 13th Jun 17, 7:12 PM
    • 59,134 Posts
    • 345,246 Thanks
    PasturesNew
    • #5
    • 13th Jun 17, 7:12 PM
    • #5
    • 13th Jun 17, 7:12 PM
    I'd guess that there's nothing for you to worry about; many adjoining driveways are 1-2" different in height.

    If I was crossing from his to yours and tripped I'd see it as my own stupid fault for not looking where I was going - and I'd be angry/annoyed that people might've seen my mishap and be sniggering about my fall behind their curtains.... mightily embarrassed...but I'd not shout "HAZARD!" and try to sue you...
    • rach_k
    • By rach_k 13th Jun 17, 7:52 PM
    • 939 Posts
    • 1,623 Thanks
    rach_k
    • #6
    • 13th Jun 17, 7:52 PM
    • #6
    • 13th Jun 17, 7:52 PM
    If you're not allowed a fence, get some of those long thin trough-style planters and lay them where a fence would go. Put plants in them if you want or just leave them empty, it doesn't matter. They don't have to be tall, just visible.
    • I have spoken
    • By I have spoken 13th Jun 17, 8:23 PM
    • 4,817 Posts
    • 9,528 Thanks
    I have spoken
    • #7
    • 13th Jun 17, 8:23 PM
    • #7
    • 13th Jun 17, 8:23 PM
    Get a sign and attach to a post. You're in the clear.

    • killzusall
    • By killzusall 13th Jun 17, 9:37 PM
    • 275 Posts
    • 13,124 Thanks
    killzusall
    • #8
    • 13th Jun 17, 9:37 PM
    • #8
    • 13th Jun 17, 9:37 PM
    Thanks for the replies, my original post was done during my lunch break, when I got home I measured it and the highest point is 2.5", and the lowest is just under 1". I've currently got my wheelie bin near the highest bit, so hopefully that should prevent anyone just walking by that bit - I think i'm definitely going to have to do something though.

    Regarding the fence, the deeds just refer to covenants in the Charges Register, I've been through a mountain of paperwork and cannot find anything to do with fences out the front of the property (or any other covenants), but I'm sure that our conveyancing solicitor mentioned it among other covenants - which again I can find no record of.

    In the paperwork I have an LLC1 certificate and what looks like a CON29R report, and as far as I can tell, those should be what would tell me.
    • Davesnave
    • By Davesnave 14th Jun 17, 9:18 AM
    • 22,592 Posts
    • 87,442 Thanks
    Davesnave
    • #9
    • 14th Jun 17, 9:18 AM
    • #9
    • 14th Jun 17, 9:18 AM
    Councils all over the land should be quaking in their shoes with all the kerbs and dropped kerbs they own.

    I might ask the neighbour if they'd like some fluorescent paint along the divide to highlight this potential hazard. After all, stepping down can be as dangerous as stepping up. I think someone must do one in a nice pink or cerise.......
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • killzusall
    • By killzusall 14th Jun 17, 9:37 AM
    • 275 Posts
    • 13,124 Thanks
    killzusall
    Thanks for all the replies - especially the humourous ones!

    Now I've had a chance to sleep on it, I'm not too worried, as previously mentioned, we keep our wheelie bin by the highest bit and if someone is accessing our property they shouldn't really be coming from that direction. I'm just going to make sure my home insurance covers liability for trips and falls which a lot seem to do.

    Thanks again!
    • Ryanfuego
    • By Ryanfuego 14th Jun 17, 9:47 AM
    • 20 Posts
    • 11 Thanks
    Ryanfuego
    Those kind of neighbors need to be payed attention from you, every time you have a chance try to control situation and be cold-minded.
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