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Ask an Expert Right of way, access across pavement. Legal

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Keithypete

Joined:

Mar 13

Posts: 1

Keithypete says:

Right of way, access across pavement.

Hi, first post - hopefully in the right place.

I have a problem with access to my property. I keep my bike in a shed at the rear of my property. To get to the shed from the road I have to cross the footpath, but there is no drop kerb. Access is often,nearly always blocked by cars parking across the entrance.The County Council dept. for highways etc. has told me I am not allowed to cross the footpath with my bike. They have also told me they will not put a drop kerb in, nor will they put a white "H" bar across the entrance. At the moment my motorbike is NOT my only means of transport, but this may change. I don't know what the legal situation is. The fact I can't get my bike out might mean I can't get to work, ride-out, etc. Will local bye-laws over-rule general/National law?
As you will appreciate not being able to get the bike out is terribly frustrating - do I actually have a legal right to access the road by crossing the footpath?

Please help - Thanks.

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  • Posted 2 years ago (21 March 2013 19:43)

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AdieR

Joined:

Apr 08

Posts: 3071

AdieR says:

I recall

a similar case ages ago, IIRC he was told that he'd "be OK  to carry the bike across the footpath, but not to push it or ride it" (htf you're supposed to lift a 200kg bike they didn't explain).

Is your property owned or rented by you?
What is it you do for work? (ie, if you work in a hospital or for emergency services, then you could argue that you need 24 hour access).

Is it feasible / viable to get a driveway put in (thus, having to lower the kerb)?

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zanderh

Joined:

Aug 12

Posts: 272

zanderh says:

If you own

the property, have you got the deeds to the house? They'll say if you have access to the/a driveway etc. Going by your description I assume that you live in a terraced building with rear access for rubbish bins/gardens etc, and no driveway, is that correct? If so then I don't think they'll put in a drop kerb as it's not technically necessary. You could invest in some ramps and use them to get up/down the kerb?

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tim8061

Joined:

Apr 10

Posts: 111

tim8061 says:

Google it

Lots of opinions, but nobody knows.


How well do you know your local Plod? 

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