my neighbour has increased the height of his frontage wall from 0.8 to 1.2m resulting in lost of line of sight when I access the main road from my lane.He claims he has the right to do whatever he wants on his property.
I tried to explain my safety issues and that of road users but he would not listen. I have contacted the local authorities and their engineer agrees that there is a safety problem. But to date there is no change.
1. It is true to say that in law, a property owner can do what they want with their property. However, in doing what a person wants with their own property, they may incur a liability in law to a third party should an accident result. Here, the fact your sight lines onto the main road have been cut back, means that if there is an accident, then you and any person injured can sue this landowner for failing to ensure there are adequate sight lines when entering the main road. Additionally, under the Road Safety Acts, the local authority has power to compel anyone whose conduct or property causes a danger to road users, to remove any obstruction or danger to motorists. From what you say, the height of your neighbour's wall constitutes a danger to road users, as it impairs the sight lines for access onto the main road. Accordingly, you should point out to the road engineer that he has power under the Road Safety Acts to get the wall height altered to one more favourable to road users, including you.
Barrister 17 years experience
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