Road authority orders fence height reduced
My house is facing the highway and the Road Authority has issued a notice requiring me to shorten the height of my fence. I fail to understand why this rule and what the height has to do with the road authority. Is the Authority justified to give such a notice and order?
SG, Mbogwe
Section 43(1) (a) of the Roads Act, 2007 (the Act), empowers the Road Authority, where it is satisfied that it is necessary to impose restrictions with respect to any land at or near any corner or bend in a road for prevention of danger arising from obstruction to the view of persons using the road, may serve notice upon the owner or occupier of the land directing him to alter the height or character of any wall which is not part of a wall of a permanent structure, a fence or hedge thereon so as to cause it to conform with any requirements specified in the notice.
You haven’t disclosed that fact in your question, but we suspect that your house is not only facing the highway but it is also near a bend or corner. If that is the case, it seems your fence might be too high such that it obstructs views of drivers and other persons using the highway. If that is the case then the road authority is justified to give such a notice and order.