Is Obstructing an Access Road an Offence?
It often starts innocently. You wake up in the morning, get ready for your day, and exit your place of residence—perhaps to work, school, or just to run errands. But as you join that small road that connects your home to the main road, you find it blocked. A neighbour or stranger has decided that this little stretch of road makes the perfect spot to park, mix construction materials, or even dump/burn rubbish. Suddenly, what should have been a smooth journey to work or school turns into frustration, arguments, and sometimes even heated disputes.
For many Ugandans, this is not a far-fetched story. Across towns, suburbs, and even rural settings, land owners are increasingly being blocked from using access roads which lead to main roads.
According to Section 2 of the Roads Act Cap. 346, an access road means a public or private road affording access to a public road or to a highway.
An access road could, for instance, be regarded as public if it is planned and gazetted as such in a certificate of title or the physical development plan of an area.
On the other hand, an access road could, for instance, be regarded as private where it is created by agreement between neighbours. This usually happens when a person buys a plot of land which has no access road to it—in that, for them to access their plot, they would have to go through their neighbour’s plot. So, in order to avoid disputes, a deal is struck that an access road be created across the neighbour’s plot that allows them access to their plot.
Obstructing a public road is an offence under Section 62 of the Roads Act Cap. 346. According to the said section, actions such as—placing or throwing any stones, broken bottles, solid waste, garbage, bricks, sand, nails, lime, dung or rubbish on a public road; placing or mixing construction materials on a public road; and preventing any person or any vehicle in any way from passing along a public road, are all regarded as obstructions on public roads. The offence of obstruction on a public road is punishable by a fine not exceeding Ushs. 480,000 or to imprisonment for a term not exceeding one year, or both.
But what if any of the above actions occur on a private access road—would it still constitute an offence under Section 62 of the Roads Act Cap. 346? In my view, it would not, since Section 62 applies to public roads only. However, every land owner has a right to peaceful enjoyment of their land and if this right is violated or even threatened, it can be enforced in a civil court of law. Unlawfully obstructing a private access road gives the owner of that road the right to institute civil and tort proceedings to restore their access.
In conclusion, whether an access road is public or private, the Law protects your right to access your home or place of residence and your right to access the main road or highway. Obstruction on a public access road or any other public road is an offence under the Roads Act Cap. 346, while obstruction on a private access road may not necessarily be regarded as an offence but can lead to civil and tort proceedings. So, next time you are tempted to park in the middle of an access road, dump rubbish, or otherwise do anything that blocks your neighbour from using an access road, please remember—it could land you in criminal liability or civil liability, or both.
