The following Local Government Q&A produced in partnership with Patrick O’Connell provides comprehensive and up to date legal information covering:
If an item is left on a highway constitutes a nuisance, the highway authority may issue a notice requiring the person who left the item to remove it. If the person does not comply with the notice the highway authority may ask a magistrates’ court for an order to remove and dispose of the item.
Pursuant to section 149(4) of the Highways Act 1980 (HiA 1980), on receipt of a request from the highway authority a magistrates’ court may make an order for the nuisance item to be removed and disposed of. The magistrates’ court may also order that the highway authority use any proceeds of the disposal remaining after the expenses of the removal and disposal have been met to pay for the maintenance of the highways for which it is responsible.
Under HiA 1980, s 149(5), if the disposal of the dangerous item does not cover the expenses of removing it, the highway authority may recover the expenses, or balance of the expenses, from the person who left the item on the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
0330 161 1234