liability

[robertarthur]

Hello, I refer to the 4m wide strip of land that is the grass verge between the boundary of our property and the edge of the lane where we live. We have looked after this strip of land for over 39 years and I am thinking of trying to claim it in accordance with your ealier replies. Now, around the edge of this strip I have placed boulders to prevent vehicles from eroding away it away. We get a large number of HGV;s and tractors etc, the drivers of which have no respect for the condition of the lane. Two days ago a vehicle going too fast ( I have a witness) and, by the drivers own admission that he was not used to driving an automatic and hit the accelerator instead of the brake, ran over the boulders, demolished a gate, swerved across the lane and "bellied out" in the substantial hedge on the wrong side of the road. The vehicle is a write off. I have been told that he could claim off me for his damage. The boulders were not in the highway. Is this true please ?

[boxtops]

I think not. More likely that you can claim from him for the repairs to your property, since his vehicle ploughed into them. I'll be interested to see what other ABers think.

[cassa333]

The area you placed boulders does not belong to you so I would be careful if I were you.

If the boulders were not there he may, perhaps, have been able to gain control of his vehicle.

I am assuming that neither you nor your witness are experts so although you could say he looked like he was going to fast, you couldn't say how fast!

Is the strip of land registered? Unless you have fenced off this strip to exclude everyone and the owner then you may well fail in your attempt to claim the land. Even so, if you could claim it you may still not be able to do anything with it. As part of the lane it may have a row over it.

Anyway I digress. As he has admitted he was going too fast and lost control you may be able to claim from him. It is worth try as he is ultimately in the wrong.

[maclarencat]

I dont think you would be liable. If instead of the boulders there had been a row of school children there and he had ploughed into them, would it have been their fault? No. Then it is not the boulders that caused the accident ,it is his careless driving whatever the speed.