Legal issue re Unadopted Road.

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    Legal issue re Unadopted Road.

    I live in an unadopted road, its not a private road as thier is no owner,(Land Registry shows no owner and oppinion is original developer died with no heirs).

    I understand that I am responsible for the upkeep/maitanence of half the width of the road for the length of my frontage. Approximately 40% of the road has no frontages, who is responsible for the maintenance of this aprt of the road.

    Besides the residents the road is used as a short cut to a council adopted road. Could the residents cut part of the road off to vehicles stopping all the non residential use.

    #2
    The road is a private road, but probably owned by the Crown. If the developer was a person, that would only happen if the rules on succession were exhausted.

    I think frontage also includes backage and sideage!

    It is the owner that would have the legal right to cut the road off, although, if it has reverted to the Crown, they will not take action for trespass against the users or the road. The users could take action for interference with their right of way.

    This assumes the road is not a public highway. It could have become a public highway if the short cut has been in use for many years without challenge. If it has become a public highway, it is a criminal offence to obstruct it.

    There is a parliamentary briefing note on private roads that is probably worth seeking out.

    Comment


      #3
      There are three possibilities for a road:

      · An adopted public highway
      · An unadopted public highway
      · A private road

      In each ownership is irrelevant to the status of the road.

      If a road is unadopted or private the frontagers (the owners of land adjoining the road) are responsible for its upkeep even if they do not own it.

      The fact that no part of the road is shown as included within the frontager's title at HM Land Registry is not conclusive that the frontager has no title to any part of the road. That is because the title plan does not show exact boundaries - the only exception is where the register says the boundary has been determined. There is a rebuttable presumption that a frontager owns half the width of the road coextensive with his frontage, which as leaseholder 64 says includes "backage and sideage".

      Comment


        #4
        Send a written enquiry to your local Council to ask if you can close the private road to access by non-resident vehicles.

        Comment


          #5
          Originally posted by Gordon999 View Post
          Send a written enquiry to your local Council to ask if you can close the private road to access by non-resident vehicles.
          If the road is private is consent needed?

          If the road connects two public highways and the public have been using it for over twenty years it probably going to be a public highway. The position is explained in more detail in this article: http://rumfitt.com/user-based-claims. How dedication as a public highway by long user can be avoided by notice is explained here: http://rumfitt.com/protecting-land-f...of-way-notices.

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