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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have a question on UK Property law. At the bottom of my

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I have a question on UK Property law. At the bottom of my garden is a private road, that runs off the main road, and it leads to a business. The road is narrow and is a tight turning off the main road, and the large trucks that supply the business regularly knock my fence down and the concrete posts as they only have a very small clearance when they turn up the road. THis happened again this week, and has happenedon two other recent occasions. They also knock the road signs down for the road, and damage other property of my opposite neighbour. Generally the trucks are too big for turning into this access road. If I catch them damaging my property, they do admit damage, and pay, but if I am not around, I am just left with a damaged fence. Can I take out an injunction against them continuing to acidentally damage my property ?
Who does the private road belong to?
Customer: replied 4 years ago.

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 has
sunk a huge girder into the ground, in concrete, which damages the trucks!

Obviously you have a claim against the driver in negligence but
the business owner is not responsible in negligence for the actions of visitors.

I think you have an action in common law nuisance because quite
clearly these "visitors" are causing nuisance.

My suggestion would be to write to him (a solicitor's letter would
be better) advising them that his visitors are causing nuisance and damage and
that if there is any further damage you will hold him responsible.

You could suggest that any lorry drivers going down the road use a
banksman( that is the correct term for somebody who guides a vehicle) and
indeed some businesses make it a stipulation but no vehicles ever reverse
on-site without banksman.

Ultimately, if the nuisance continues, you can take out an
injunction to stop trucks over a certain size going down the road.

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