Ownership of Mill Lane, Brant Broughton - Find a freedom of information request

Request

I am requesting what land is council and land on Mill Lane, Brant Broughton. More specifically who is responsible for the upkeep of the non privately owned land.

Decision

Usual rules are that the highway authority maintains the area from hedge to hedge or the road side top of a dyke to road side top of a dyke or a combination of the two. Boundaries could also include sides of houses, property walls and property / boundary fences.

The dykes are private and should be maintained by the adjacent landowner. And usually, a streetlight or utility apparatus of some kind is within the highway, unless the landowner has one within their property for which they will be paid an easement cost for having this in their land. The highway authority does not receive these fees of course as a utility company has the right to place apparatus within the highway but pays for the privilege of having their apparatus in private property.

At this location therefore, according to Lincolnshire County Council’s records, the highway maintainable area includes verges up to the road side top of the dykes, the verges up to any property or field boundaries, the small area of footway up to the house wall and property boundary wall, and the ‘boundary’ between highway and private area runs in a straight line across the track to 23 from the end of the wall of house number 21 to the fencing of the field to the West.

Therefore, anything on the road side of these boundaries is classed as highway.

Reference number
3375309
Date request received
10 February 2022
Date of decision
16 February 2022