0330 133 1111
34 Queen Street Derby DE1 3DS
8.30am to 6.30pm Monday to Friday
Our RICS Nottingham Expert Witness Surveyors look at badly laid out Yellow Lines, clamping signs and whether a;Derby access road is a private right of way or public highway
The dispute was about a parking ticket issued for parking on the yellow lines in a restricted zone on Full Street a public highway. The road is an access to a service yard off Full Street. Steve Butler Chartered Surveyors argued for the recipient of the ticket that the car was on a private right of way and not the public highway. The City argued that the highway ended at a gully that runs across the road marked the end of the highway. Steve Butler Chartered Surveyors argued that if the gully was a juncture of public and private highway that there should be a T bar to mark the distinction and that gullies have no place in highway law. There was also a ‘no parking or you will be clamped sign’ on a car park wall just in front of where the car was parked. The City Council argued that the signs had not been put up by them despite their distinctive logo and that they owned the car park. A clamping sign on building on the opposite side of the road way was approximately mid-way between two T bars that stretch beyond where the car was parked. Our expert surveyors argued that the T bar at back of the pavement would be considered by a reasonable member of the public to be the end of the highway and that the section of road between the two T bars would be considered to be private as the clamping sign was at the centre.
Here our Nottingham clients were accused of having used a neighbours garage as a retaining wall for their patio. Our surveyors were able to show that the patio was separated from the garage by a gap extending to below the garage damp proof course level. The surveyors CPR35 compliant expert witness report can be seen if you follow the link
Property owners are often neglectful of their boundaries until it is to late. Once the neighbour has chopped down that tree that you thought was yours it is extremely hard to put it back up again.
However if you have suitable tile deeds then it is possible to attempt to resolve many disputes. Measurements can be taken and pegs knocked in to enable a boundary line to be established. Alternatively documents photographs and drawings can be prepared to support (or disprove) a county court action for compensation and or to get a hedge or fence re-erected in its correct location.
Unfortunately the help we can give is only as good as your title deeds. The current land registry title plans are not very accurate and only enable boundaries to be measured to the nearest half a metre. This is due to the small scale of the plans on which the boundaries of a property are drawn. It is thus well worth saving copies of old tile deeds with measurements or drawings, if you have them. When buying a property it is wise to agree the ownership of any unclear boundaries with your prospective neighbours.