Obstruction, nuisance and maintenance

Obstruction, nuisance and maintenance guidance:

Abandoned vehicles offences Section 2 of the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978) makes it a criminal offence to abandon, without lawful authority, a motor...

Practice Note

Produced in partnership with Michael Orlik of Lodders Solicitors In the County of [insert county] Petty Sessional Division of [insert] The Complaint of [insert name] of...

Precedents

Notice of a direction to leave this land To all occupants of vehicles on this land and to any other persons with them From [insert name of Local Authority] We hereby give...

Precedents

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak (see: Temporary...

Practice Note

The duty of every highway authority to maintain a highway maintainable at the public expense is more onerous during adverse weather conditions. Ice, snow and flooding all...

Practice Note

Placing scaffolding, hoardings or skips on the highway (including pavements) is an obstruction and, strictly, constitutes a nuisance. Section 137 of the Highways Act 1980...

Practice Note

Duty of the highway authority A highway is a way which any member of the public has the right to use at all seasons of the year. Section 41 of the Highways Act 1980 (HIA...

Practice Note

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19)...

Practice Note

Highways not maintainable There are some, but very few, highways for which nobody has any liability for maintenance. All other highways are maintainable either at the...

Practice Note

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19)...

Practice Note

The fundamental public right upon a highway is to pass and re-pass, and the obstruction of a highway is usually a criminal offence as well as a tort. Highway authorities...

Practice Note

Trespass Trespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it. Therefore, an invasion...

Practice Note

Highways Act 1980, Section 56 Proceedings for an Order to Repair a Highway To: [Insert name and address of the highway authority or other person or body which is believed...

Precedents

The quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question. In Brett v...

Practice Note
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