Who owns the road ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Who owns the road ?

    We are buying a property which is accessed by a Private Road.
    The house was built 30 years ago by a small builder.
    The road is not registered at the land registry.
    The Limited Company Builder who built the house no longer exists and enquiries at Companies House with either the name or Company Registration Number don't produce any information.
    Like many Limited Companies they had their Registered Office at a firm of Accountants. Coincidentally its the same Accountants I use and the accountant who has been there for over 25 years has never heard of them.
    The owner of the house who bought it new 30 years ago and has lived in it ever since in the Solicitors replies says "The builder owns the road"
    Do we need to find out who owns the road.?

    Also the original deeds have a restrictive covenant, Not to build anything without getting permission. The house owner had a small Conservatory erected about 10 years ago, although not requiring Planning Permission should he have obtained permission under the covenants of the deeds. ?

    Any advice gratefully received.



    #2
    if a right of way was granted to each of the houses that needed to use the road to get to the property being transferred, that would indicate that the road was owned by the builder. As this was a company, which went into liquidation, or was struck off the register held by Companies House, the road would have been bona vacantia and ownership would have vested in the Crown.

    All rights of way would remain in existence.

    An application to The Treasury Solicitor which deals with Bona Vacantia land to buy the road may elicit a response that would begin the legal process necessary to transfer ownership after a valuation of the road had been made by a local Valuer.

    A breach of covenant cannot be enforced against after 6 years (Limitation Act 1980) so there is nothing to worry about regarding the conservatory.

    Like all restrictive covenants there has to be an identified area of land that had the benefit of the restrictive covenants, which is why so many of them imposed when a builder erected a group of houses may no longer be enforceable, depending on the wording used when each completed house was transferred to a new buyer.

    Sometimes the benefit of a restrictive covenant can be transferred to each of the sold houses, but there are legal procedures to be followed to allow that to happen.

    If the only land that had the benefit of the covenant after all the houses were sold was the road, then it is extremely unlikely that the restrictive covenants now have any validity.

    Comment


      #3
      No offence intended but shouldn't you be directing these questions to your conveyancer who you are paying for professional services?

      Did the current owner purchase from the builder? What is the exact wording of the covenant?

      I believe the responsibility of keeping the unadopted road in repair falls to the owners of the properties that have frontage, irrespective of the ownership of the road.

      Comment


        #4
        Do we need to find out who owns the road.?

        Not really, no. There are two main possibilities. One is that on a sale you were granted rights of way over it in which case there is no problem. The other is that no rights were expressly granted in which case there is still no problem because after 30 years, one way or the other, the law will give you the rights you need.

        Apart from the above, you should bear in mind that owning a property on a private road can bring problems you never get with a property on a public highway. In particular, there may be difficulty getting essential repairs carried out. Your conveyancer needs to make full enquiries.

        Also the original deeds have a restrictive covenant, Not to build anything without getting permission. The house owner had a small Conservatory erected about 10 years ago, although not requiring Planning Permission should he have obtained permission under the covenants of the deeds. ?

        It is not possible to say if that is a problem without seeing the wording of the covenant and asking a lot of questions. Even if there is a problem it is going to be more theoretical than real. Whilst the period of limitation is 12 years rather than 6 in the case of covenants (see section 8 of the Limitation Act 1980) after 10 years, I think it is fairly (though not absolutely) safe to assume approval if no objection was ever made. In 2 years time there will definitely be no problem.

        Comment


          #5
          Originally posted by Always Problems View Post
          The road is not registered at the land registry.


          Extremely unlikely.
          Do a map Search at the Land Registry.

          Comment


            #6
            Originally posted by Jon66 View Post
            No offence intended but shouldn't you be directing these questions to your conveyancer who you are paying for professional services?

            Did the current owner purchase from the builder? What is the exact wording of the covenant?

            I believe the responsibility of keeping the unadopted road in repair falls to the owners of the properties that have frontage, irrespective of the ownership of the road.
            Thank you for your reply. Yes I have directed these question to our solicitor but as often happens when solicitors go on holiday "the job stops" certainly I have heard nothing for 2 weeks, I don't know if the solicitor is on holiday, certainly the "one man band" solicitors shop is closed and the solicitor is self isolating and working from home.

            Comment


              #7
              The owner will usually be whoever owns the land/buildings at the end of it or the owner of the land it passes through, there may be different owners for different sections. As you have right of access along it you only need to concerned about it's upkeep to which you may well have to contribute.

              Comment

              Latest Activity

              Collapse

              • Reply to Change of property layout
                by AndrewDod
                Is this a flat? What do you mean by "acquiring a freehold"?
                12-07-2020, 20:43 PM
              • Change of property layout
                by Anna1985
                Hi, acquiring a freehold and would like to carry out bathroom alteration - replace current cabinet in the bathroom with the door opening into the hall as it was originally.
                it would involve a lease alteration and re-drawing the property plan.

                I take it it would be best to do it along...
                12-07-2020, 10:16 AM
              • Reply to Change of property layout
                by Anna1985
                A bit difficult to explain, basically next to the bathroom there was an airing cabinet, which was removed and the stud wall was put in the previous door opening. With the cabinet door made to open into the bathroom.

                I want to remove it and re create the original airing cabinet with the...
                12-07-2020, 17:15 PM
              • Reply to Change of property layout
                by pilman
                If you are contemplating an act which would require the door of the bathroom to be re-hung so that it opened outward rather than inwards, that does not seem to require any action at all as per the lease, or the freehold.

                Use of the word "cabinet " is confusing since most "bathroom...
                12-07-2020, 14:12 PM
              • Reply to Incorporating Adjacent Land into Curtilage
                by StuStew
                The land is currently not being used at all. It was used by a local stonemason up until the 1970s or 1980s, and has what I would describe as a semi-derelict (walls OK, roof caved in) stonemason's workshop (about 15 m^2 in size) on it. The workshop is surrounded by grass and overgrown shrubs etc which...
                12-07-2020, 11:12 AM
              • Incorporating Adjacent Land into Curtilage
                by StuStew
                As discussed in a recent thread, I am looking at the possibility of purchasing a very small piece of land (approx. 0.02 acres) adjacent to our property.

                My intention is to incorporate this land into our curtilage. It 'fits naturally' into our existing boundary and is not agricultural land....
                08-07-2020, 20:00 PM
              • Reply to Incorporating Adjacent Land into Curtilage
                by pilman
                Nothing to stop you, but the local planning authority could begin enforcement proceedings claiming that there had been a breach of planning control, which often happens if a neighbour contacts the LPA to complain about the way you have developed the land by changing its use.

                Using any land...
                12-07-2020, 00:05 AM
              • Reply to Incorporating Adjacent Land into Curtilage
                by StuStew
                Many thanks for your help Pilman.

                Out of interest, if permission for a change of use was refused, what is to stop me putting a fence/wall along the edge of the land and using it like a garden, at least in the context of making it look nice and planting flowers, etc? One side of the land...
                11-07-2020, 18:29 PM
              • Reply to Make alterations to property and/or Rent it before completion
                by royw
                It's a risk to both parties before exchange. You can spend money only to find the vendor pulls out.
                11-07-2020, 18:17 PM
              • Make alterations to property and/or Rent it before completion
                by bob369
                Is it possible to make minor alrterations to a property and/or rent it from a vendor, during the Conveyancing process ?

                I am looking to buy a C3 Semi and convert to C4 Small HMO, and secure the C4 PD, before an artkcle 4 is introduced - the date of which may occur towards the end of the...
                09-07-2020, 21:01 PM
              Working...
              X