The Private Road is owned by my next door neighbour further down the Private road, his property is never damaged as he is not on the corner like me. I am exactly on the corner of the private road and the Council-maintained main road. My neighbour is also 92 years old and suffering from dementia, I am unlikely to get any co-operation from him as he has no issue with this business as such, and has serious health issues to contend with. I am just wondering whether I can force them to use two people to have to manually reverse the lorries into the road, with one person looking to take care not to damage property.
I have seen similar problems in the past and the homeowner hassunk a huge girder into the ground, in concrete, which damages the trucks!
Obviously you have a claim against the driver in negligence butthe business owner is not responsible in negligence for the actions of visitors.
I think you have an action in common law nuisance because quiteclearly these "visitors" are causing nuisance.
My suggestion would be to write to him (a solicitor's letter wouldbe better) advising them that his visitors are causing nuisance and damage andthat if there is any further damage you will hold him responsible.
You could suggest that any lorry drivers going down the road use abanksman( that is the correct term for somebody who guides a vehicle) andindeed some businesses make it a stipulation but no vehicles ever reverseon-site without banksman.
Ultimately, if the nuisance continues, you can take out aninjunction to stop trucks over a certain size going down the road.
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