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Buachaill
Buachaill, Barrister
Category: UK Traffic Law
Satisfied Customers: 10527
Experience:  17 years experience
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My house faces an unclassified side road of an A road. My

Customer Question

My house faces an unclassified side road of an A road. My front door opens to a gate which is 4 feet away. Several time smy neighbour has parked across the gate which means that although I can squeeze through, emergency services or wheelchair users would not be able to get access. Is this an obstruction.
Submitted: 5 months ago.
Category: UK Traffic Law
Expert:  Buachaill replied 5 months ago.

1. Dear *****, Yes, this is an obstruction in both law and fact. Essentially, what I would advise is that you erect a sign which says "No Parking" and if necessary, write a formal letter to your neighbour and request that he don't park there. Essentially, given the possibility of an emergency occurring, your neighbour should not park there. So, there is nothing to prevent you writing to him and erecting a sign which prevents other people, and him, from parking there.

Expert:  Buachaill replied 5 months ago.

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Customer: replied 5 months ago.
Thnak you. Rule 243 of the Highway Code states - DO NOT stop or park: anywhere you would prevent access for Emergency Services; in front of an entrance to a property (amongst others). This is pretty clear guidance but does not have the force of law.. You say that such action woudl be an obstruction in law. Which statute or SI is applicable?
Expert:  Buachaill replied 5 months ago.

3. There is no statute or Statutory Instrument applicable. It is merely common law that persons have a right to pass and repass over their land at all time and to use any exit.

Customer: replied 5 months ago.
Which makes it a civil and not a police matter?
Customer: replied 5 months ago.
Sorry - and not an offence under any RTA?
Expert:  Buachaill replied 5 months ago.

4. It is not a breach of any criminal offence to temporarily obstruct an entrance, unless there are restrictions in place. Additionally, Road Traffic Acts are limited to defined offences. Currently, there is no offence under the ROAD Traffic Acts to obstruct non-designated entrance ways. There must be designation in order that an offence of obstruction occurs. Designation is generally done by the present of a line on the road to indicate the designation.