Quick: What are my rights? Page 2

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  • Bod 18 Jun 2003 17:26:17 391 posts
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    Under the New Roads and Streetworks Act or NRSWA they have to get permission to dig up the public highway, this entails sending out notice to other utilities giving them 28 days to inform you of any plant and their locations that they may have in the vicinity that is to be dug up.

    The above is effective if it is public maintainable highway. If it is part of your property and owned by you then the people wanting to dig have to obtain a wayleave, ie, your permission to dig up the part of your property.

    If however it is the electricity board digging up a location to get to their own plant they would normally have all these things in place and you would have to rely on their common decency and common sense to give you advance warning. They should be able to cover it over with car strength boards at the end of their work each day so you can get your car in and out.

    In the real world however, who knows.

    I hope this helps.
  • pjmaybe 18 Jun 2003 17:27:44 70,666 posts
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    Bloody hell, remind me not to get on the wrong side of Bod in a legal argument!

    Peej
  • Bod 18 Jun 2003 17:31:22 391 posts
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    pjmaybe wrote:
    Bloody hell, remind me not to get on the wrong side of Bod in a legal argument!

    Peej

    It does make me sound like I know what I'm talking about doesn't it?
  • Blerk Moderator 18 Jun 2003 17:34:45 48,222 posts
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    If they wanted to dig up my drive, would I be able to claim compensation? i.e. a new drive surface? Last thing I want is a dirty great square of tarmac in the middle of the drive.

    They haven't returned today, btw... :-)
  • Bod 18 Jun 2003 17:40:08 391 posts
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    Blerk wrote:
    If they wanted to dig up my drive, would I be able to claim compensation? i.e. a new drive surface? Last thing I want is a dirty great square of tarmac in the middle of the drive.

    They haven't returned today, btw... :-)

    What kind of surface have you got on your drive and how old is it etc etc?
  • Blerk Moderator 18 Jun 2003 17:46:00 48,222 posts
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    Gravel surface, looks ancient. Bad enough as it is without a bloody great square of tarmac in the middle of it. :-)
  • Steven-Huckle 18 Jun 2003 17:49:07 852 posts
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    Blerk wrote:
    Gravel surface, looks ancient. Bad enough as it is without a bloody great square of tarmac in the middle of it. :-)

    Both the road our the front (which is 200 year old cobbles) and the one out the back are un adopted, which means any works has to go through the residents but also means that it never ever ever gets repaired.
  • Bod 18 Jun 2003 17:50:19 391 posts
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    Blerk wrote:
    Gravel surface, looks ancient. Bad enough as it is without a bloody great square of tarmac in the middle of it. :-)

    I would say they would have to replace it like for like to the original surface.

    It might be possible to negotiate something as part of a wayleave agreement, depends on who you are dealing with.

    If it's with a utility they may have standard procedures on what they will or will not provide in the way of resurfacing more area than they have dug up.
  • eviltobz 18 Jun 2003 18:03:55 2,511 posts
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    Bod wrote:
    pjmaybe wrote:
    Bloody hell, remind me not to get on the wrong side of Bod in a legal argument!

    Peej
    It does make me sound like I know what I'm talking about doesn't it?
    it did, but now it sounds like you made it up then ran away giggling :)
  • Bod 18 Jun 2003 18:06:41 391 posts
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    eviltobz wrote:
    Bod wrote:
    pjmaybe wrote:
    Bloody hell, remind me not to get on the wrong side of Bod in a legal argument!

    Peej
    It does make me sound like I know what I'm talking about doesn't it?
    it did, but now it sounds like you made it up then ran away giggling :)

    Ah well, such is life, I know that I know even if you don't know that I know that I know what I know.
  • otto Moderator 28 May 2007 11:16:19 49,322 posts
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    OMG, poor you. Get your missus to do an Arthur Dent and lie in front of the bulldozer wearing her dressing gown. Preferably while nursing your son & heir. That'll make them think twice about digging.

    Sorry if this isn't helpful.
  • Deleted user 25 November 2010 10:47:24
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