Digging up the pavement
- Thread starter bluebaron
- Start date
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Captain Nemesis
Pretty sure its your responsibility after the stopcock, so you ought to be allowed to dig to get at it if necessary. But I doubt that "allowed" means "allowed without getting permission or notifying the council and doing whatever is necessary to stop your works being a hazard to users of the footway".
Is it an unadopted road? If so check your deeds for any stipulations. Residents association if there is one could be a useful source of info.
Ownership of the land doesnt mean that you dont have a duty of care to the public.
Is it an unadopted road? If so check your deeds for any stipulations. Residents association if there is one could be a useful source of info.
Ownership of the land doesnt mean that you dont have a duty of care to the public.
If it is an established right of way ( such as a footpath ) then there are restrictions on anything that obstructs the right of way and prohibitions on anything that would pose a hazard to people using the path.
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Temporary works are permitted. Presumably the landowner takes the necessary safety precautions for the excavation.
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Captain Nemesis
So you cant do "what you like", you have to discharge your duty of care
You can do what you like, but be mindful as to how you do it.
Whether a duty of care is actually owed is always down to the situation, and is not absolute.
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Captain Nemesis
I think we might be in danger of falling foul of different interpretations of "do what you like". I take it to mean "do absolutely anything you can think of" and I dont think that its an outlandish interpretation.
"I own a plot of land. Can I build what I like on it?" Well no you cant, there are rules.
"I own a house. Can I knock it about and change it however I like?" Well no you cant, there are rules.
"I own the footway outside my house. Can I do what I like regarding digging a hole in it?" Well not necessarily, there may be rules and you would be advised to find out.
He owns part of the footway, but if the road has been adopted by the council then he may need to notify them (not ask for permission) and he may have to do it to certain standards, just like he does if he does major work to the house he owns on the land he owns.
Even if unadopted, there might be covenants in the deeds to consider. Also if people have the right to walk on it then he probably cant just dig it up and leave the hole unguarded, uncovered, unlit, so to that extent, no, he really cant do what he likes if you interpret that as paying no regard to any safety or consideration for others or any restrictions or rules he agreed to when he bought the place. And bear in mind that as bonkers as it is there have been court cases which established that people owe a duty of care to burglars and trespassers.
"I own a plot of land. Can I build what I like on it?" Well no you cant, there are rules.
"I own a house. Can I knock it about and change it however I like?" Well no you cant, there are rules.
"I own the footway outside my house. Can I do what I like regarding digging a hole in it?" Well not necessarily, there may be rules and you would be advised to find out.
He owns part of the footway, but if the road has been adopted by the council then he may need to notify them (not ask for permission) and he may have to do it to certain standards, just like he does if he does major work to the house he owns on the land he owns.
Even if unadopted, there might be covenants in the deeds to consider. Also if people have the right to walk on it then he probably cant just dig it up and leave the hole unguarded, uncovered, unlit, so to that extent, no, he really cant do what he likes if you interpret that as paying no regard to any safety or consideration for others or any restrictions or rules he agreed to when he bought the place. And bear in mind that as bonkers as it is there have been court cases which established that people owe a duty of care to burglars and trespassers.
I dont know why it's so complicated for you.
In the context of the OP digging on his own land to replace his water pipe, "do what you like" does not mean he can build an extension, knock his house down, knock his neighbours wife up or hunt you down and slap some common sense into to you with a 6lb trout.
It means he can do what he proposed.
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Captain Nemesis
I guess its no more complicated for me that it is for you to see that "you can do what you like with it" is taken by many people to mean "you have total freedom to do absolutely anything".
Ok let's have have a vote as to how many people were totally confused that "do what you like" actually meant do whatever you like in life generally" and not "dig up the pavement you own, if you like"
I'll put up the poll later.
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Captain Nemesis
Lets not, because it looks as though all you want is a childish fight. I tried to explain that I thought we might be in danger of falling foul of different interpretations of "do what you like", and you decided to react with "I dont know why it's so complicated for you."
Rather than accept the reality that "I can do what I like" really can easily mean "Nobody has the right to stop me doing anything whatsoever" it looks like for you this has become something you must "win" and I must "lose".
Im not playing, but whether that will stop you crowing is anybodys guess.
Rather than accept the reality that "I can do what I like" really can easily mean "Nobody has the right to stop me doing anything whatsoever" it looks like for you this has become something you must "win" and I must "lose".
Im not playing, but whether that will stop you crowing is anybodys guess.
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