Roadside Verge Obstructions

Obstructions on Roadside Verges

Members of the public should be aware that placing obstructions (eg. large stones, tree stumps, wooden posts) on road verges to prevent possible damage by vehicles may cause them liability claims in the event of an accident, where it can be shown that the obstruction contributed to the accident.

What constitutes a Public Highway?

Hampshire County Council advises that public highways, such as the many roads and lanes throughout the parish, extend between the adjoining property boundaries on either side, which may be the fences, hedges or walls of those properties. This provides the whole area over which the public has a right to pass and re- pass, including carriageways, footways, cycleways, paved areas, roundabouts, traffic islands, planted borders and grass verges.

What if I place barriers to protect the roadside verge?

Hampshire County Council does not allow encroachments like this on the publicly maintained highway and may remove those of which it is aware. It also advises that, if an accident should occur and the presence of an obstruction - be it for example wooden posts, rocks, stakes, or deliberately placed logs - is in any way considered to be a factor, the County Council would dispute liability for any claim that is submitted and suggest that it be redirected to the homeowner. Residents would therefore be wise to check whether the indemnity of their liability insurance will extend to such claims.