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Boulders on Verges
 

[Closed] Boulders on Verges

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[#12275765]

Welcome to our road (not sure why pic is not embeding)

In a nutshell, some cars are too impatient to wait to let oncoming traffic pass and mount the verge, which is making it a muddy mess.
The neighbour with whom I share the verge (theirs is the near half) wants to put big stones there to prevent this. It's council owned, but they merely ask people not to park on the verges via their newsletter.

If I go along with this, putting stones on my half, will I get sued?


 
Posted : 05/03/2022 2:16 pm
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Only if they knew it was you. Anybody could've left that boulder there.


 
Posted : 05/03/2022 2:19 pm
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It’s council owned

Complain to them, then?


 
Posted : 05/03/2022 2:21 pm
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I would doubt the council immediately resort to legal action; they would either remove rocks or ask you and neighbour if you were responsible and ask/tell you to remove.
I could be wrong.


 
Posted : 05/03/2022 2:22 pm
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Maybe plant some flowers there instead? That way you are improving local amenities.

Much less invasive and even idiots are less likely to drive through a flower bed


 
Posted : 05/03/2022 2:25 pm
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Complain to them, then?

You made a funny. 😆

TBH the council, or whomever you get on the phone would log it and say thanks and that would pretty much be it. You need multiple people complaining, and even then councils by their very nature as slow to react.

I'm all for large boulders mysteriously appearing on the side of the road overnight. How they got there is anyone's guess.


 
Posted : 05/03/2022 2:26 pm
 Drac
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Sued for what?


 
Posted : 05/03/2022 2:26 pm
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Big wooden planters filled with flowers, failing that dig a hole cover up with thin ply put grass back down stand back and admire the mayhem.


 
Posted : 05/03/2022 2:29 pm
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We planted a tree to stop people parking on "our" verge.
Looks nice, helps create a nicer environment and salutes our monarch's glorious 70 years on the throne.


 
Posted : 05/03/2022 2:29 pm
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Sued for what?

If someone damaged their car by driving into it


 
Posted : 05/03/2022 2:31 pm
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Put some cones and a persons at work sign on it. Although, @bruneep's second suggestion has merit 🤔


 
Posted : 05/03/2022 2:36 pm
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Sued for them driving into a boulder on the footpath?


 
Posted : 05/03/2022 2:38 pm
 csb
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If someone damaged their car by driving into it

To do so they'd be driving off the road. You can't sue someone for having a wall, house, tree somewhere you're not meant to drive!


 
Posted : 05/03/2022 2:42 pm
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Sued for them driving into a boulder on the footpath?

Here's a snippet from some prior Internet research:

If it is definitely your land then you can do what you want with it (stone bollards or fence it even).

If not, then be very careful - if I hit a stone (however well painted) on a public verge and knew that you'd put it there, I'd sue your proverbials off.


 
Posted : 05/03/2022 2:43 pm
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They’ve gone for plant pots here… and they were needed… some of the verges became foot deep muddy ruts. Some residents have filled them in, planted grass seed, and topped them with plant pots filled with what looks like tulips.


 
Posted : 05/03/2022 2:44 pm
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I'd feel a tad nervy about putting boulders on land that didn't belong to me.

So how about something large but non-damaging?

A giant inflatable Tyrannosaurus Rex?


 
Posted : 05/03/2022 2:52 pm
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If not, then be very careful – if I hit a stone (however well painted) on a public verge and knew that you’d put it there, I’d sue your proverbials off.

One, they need to prove it, so do more than the bit outside just your house. Get everyone to join in and have the entire street like that.
Two, they might "try" to sue your proverials but that's no guarantee of success.

I think those white painted stones 9n a well tended verge look quite nice.


 
Posted : 05/03/2022 2:58 pm
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You need multiple people complaining

And how do you propose that might happen if no-one does?

Looks like quite a long verge. Stick a note through everyone's door asking them to complain.


 
Posted : 05/03/2022 3:00 pm
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Do the council mow the verge?

That'll be the problem

Boulders will trash their mower and flower bed will get chopped


 
Posted : 05/03/2022 3:00 pm
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@cb200 what legal authority has that?


 
Posted : 05/03/2022 3:10 pm
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You can't really sue an immobile object for damaging your car if it's not on the public highway.


 
Posted : 05/03/2022 3:13 pm
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@cynic-al if you're asking about the above quote, it's a random internet self-appointed "authority". It's enough to make me stop and consider before acting though.

Very helpful thanks folks. I'm becoming more embouldened (sic).

And how do you propose that might happen if no-one does?

You are right of course

Do the council mow the verge?

No. That's left to me or the neighbours' gardener.


 
Posted : 05/03/2022 3:20 pm
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if I hit a stone (however well painted) on a public verge and knew that you’d put it there, I’d sue your proverbials off.

This.
As far as I'm aware the verge is part of the roadway and thereforeowned by the council.
You can't put stones on it and if you did you would be liable.
I wish I knew this 20 years ago when a large tractor forced me onto the verge outside a house where the owner had put some large stones.
I bent both near side wheels and burst both tyres.
If it happened now I'd be making a claim against them.

(Edit: incident was where the road simply became the verge without any kerb unlike the OPs situation)

You can’t really sue an immobile object for damaging your car if it’s not on the public highway.

Unless it is (and I'm pretty sure verges are part of the highway
Another edit: they are)


 
Posted : 05/03/2022 4:06 pm
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What would the legal basis of that claim be?


 
Posted : 05/03/2022 4:08 pm
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.... Putting something on the highway that caused damage to the car?

Highways Act 1980 , it is an offence to block, obstruct or damage road verges. This includes rocks, posts, etc.


 
Posted : 05/03/2022 4:12 pm
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Drivers have no responsibility to avoid them?


 
Posted : 05/03/2022 4:13 pm
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Doubtful.


 
Posted : 05/03/2022 4:15 pm
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Edit - deleted, I have learnt something.

Though the apparent criminal offence of putting a rock on the verge may not guarantee a finding of negligence if someone drives into it? It's the driving into the rock that caused the damage, not the rock being on the verge.

The driver of an illegally parked car is not liable if someone crashes in to it?


 
Posted : 05/03/2022 4:15 pm
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But if you drive into something visible and solid on anything other than the carriageway

.... But the verge is the carriageway (see above law).
And it doesn't matter whether the council cuts it or not.


 
Posted : 05/03/2022 4:19 pm
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Sorry sharkbait, edited my post after seeing yours.


 
Posted : 05/03/2022 4:20 pm
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Def don't put stones or anything else out on the verge there, it's not your land and doesn't look that bad considering it's spring and should dry out soon - if you want to prevent people driving on it stop mowing it and let the grass grow.


 
Posted : 05/03/2022 4:39 pm
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Caltrops. Just in case of Russians.


 
Posted : 05/03/2022 5:40 pm
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Incidentally, is anyone else looking at that photo and thinking:


 
Posted : 05/03/2022 5:43 pm
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I'd be inclined to let the grass grow and stick some flower bulbs in, it's much less likely to be driven on if it looks like part of your garden than a bit of grass.


 
Posted : 05/03/2022 5:43 pm
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Caltrops. Just in case of Russians.

There's a nice big puddle up there where one might accidentally drop that big box of nails, screws and WWII land mines one were carrying.

(Joking aside, that gert tyre track from end to end really is taking the absolute piss.)


 
Posted : 05/03/2022 5:46 pm
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Well you may own the the land, or at least the subsoil "ad medium filum" - up to the middle of the road. The highway authority will presumably have rights over the pavement part, which leaves the status of the verge interesting - if it doesn't have any of the authority's infrasture on it, do your rights extend all the way up to the surface?

Which does not really affect anything said above as the rights of the highway authority to do what they do and that offence under the Highways Act are all statutory and over-ride your property rights. But subject to all that, I am not sure the "you can't do it because it is somebody else's land" argument runs, as it may be your land.


 
Posted : 05/03/2022 5:55 pm
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(Joking aside, that gert tyre track from end to end really is taking the absolute piss.)

Innit. That'd proper angry me up too. You just know it's a work van (council?). No way a 4x4 driver would risk a wet tyre with that puddle.


 
Posted : 05/03/2022 5:58 pm
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Can you put plant pots with nice flowers on a verge?
Would a smaller pot inside a larger pot with the gap fill with sand to add mass to stop them being knocked be an issue?


 
Posted : 05/03/2022 5:59 pm
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Couple of roadcones would do the trick.

In that situation unless you own the verge you don’t have any right to put anything permanent on it.


 
Posted : 05/03/2022 6:20 pm
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A giant inflatable Tyrannosaurus Rex?

Or a giant inflatable boulder?


 
Posted : 05/03/2022 6:26 pm
 Drac
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If someone damaged their car by driving into it

How do they sue for them hitting a stationary object?


 
Posted : 05/03/2022 6:31 pm
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Having a pavement with an extended drop kerb out side my house I'd gladly drop a boulder or fit bollards to stop the **** that use it as a handy extension to the road when they can't be bothered stopping for oncoming traffic. Of course the fact they can't see if anyone is about to step out from a garden doesn't enter their empty heads.

I'd like to know where putting such things sits in the hierarchy compared to deliberately driving at speed on the verge or pavement.


 
Posted : 05/03/2022 6:37 pm
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Buy a coach or similar and park it there permanently?


 
Posted : 05/03/2022 6:39 pm
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A load of planters at strategic distances, with some pretty flowers in, magically appeared overnight?


 
Posted : 05/03/2022 6:43 pm
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Or a giant inflatable boulder?

This is genius. Put a real boulder inside though to stop it blowing away.


 
Posted : 05/03/2022 6:43 pm
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