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Dangerous access road on registered village green

crummymummy72
Posts: 5 Forumite
Hi, I live on a street that falls within a registered village green. The road is very dangerous and the council are refusing to maintain it . The asset management document provided by the council clearly shows that the road sits within the boundary of the village green and that there is a strip of land 1 metre wide between our houses and the village green. The council have previously acknowledged that they are responsible for the maintenance or the road. A court case in 1864 found that the council were responsible for the road and that the village green can never be "split" and must remain in tact forever. We have found the local board minutes from 1864 agreeing to building the road. The road is the only meaningful vehicular access to our house and the coal holes are on this street and it's also a public right of way. It is getting very dangerous. I understand from the planning inspectorate the the council should have a scheme of maintenance in place for the village green (including the road) . I've spent 12 years so far trying to get them to fix it - they've fixed up the footpaths but ignore the road but we've only just recently found the evidence regarding the ownership. I'm currently going through the complaints procedure AGAIN and talking to the ombudsmen but has anyone got any advice on my legal position?
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Comments
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One thought here - that if a vehicle has an accident on the road (courtesy of its lack of maintenance) you have the proof to give that vehicle owner for them to head in the appropriate direction (ie the Council) about it.
So the Council might as well maintain their road - in order to avoid that risk.0 -
Hi Thanks
I've said this to them many times - My brothers a personal injury solicitor and I've even told them they have a duty of care and a foreseeable risk of injury or damage but they just don't respond. I made my last complaint 14 weeks ago!0 -
Can you go down a route of emergency vehicle access. I know they're pretty keen if you place an obstacle say a skip or something on a narrow road and a fire engine can't get down.:www: Saving for first house - £67,000/£50K :www: :cool: smashed it!
:starmod: Save 12k in 2016 - No#129 - £0/£6000 :starmod: too greedy with house pot...0 -
I tried complaining on that front when i had to suffer the indignity of walking to the end of the street in pain and in my dressing gown on one occasion to get to in an ambulance following a medical emergency.0
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Time to contact your local M.P. ?0
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Either you, Crummy, or I, have misinterpreted Money's suggestionmoneyistooshorttomention wrote: »... if a vehicle has an accident on the road (courtesy of its lack of maintenance) you have the proof to give that vehicle owner for them to head in the appropriate direction (ie the Council) about it.
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You say that the road is the only "meaningful" vehicular access... What other accesses are there to it, as your wording implies that the village green is not the only way in?0
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I'm no expert on this - but has the council acknowledged that it is a 'byway open to all traffic'?
You say they've fixed the footpaths - so they may be treating it as a public footpath for pedestrians only, or perhaps a restricted byway.
There was a vaguely similar situation near me a number of years back. The council dealt with it by putting up traffic signs saying 'no motor vehicles'.0 -
Do you actually have motor vehicle access?
Built in 1864 I'd expect it to be for a horse and cart - especially as it's only 1 metre wide too.0 -
Write to your MP, and encourage others directly affected by this road's state of disrepair to do the same."You were only supposed to blow the bl**dy doors off!!"0
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